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"the principal (monthly) periodical dealing with contemporary issues"
Sir Mark Potter P
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- Special Issue
Family Law journal is available as either a print or online subscription.
A subscription to Family Law journal provides:
- Personal comment from distinguished family law experts on all topical issues
- Short case reports and analysis of all important family and child law cases
- In-depth articles from leading practitioners, academics and professionals involved in the justice system
- Latest news on all key developments in family law, policy and practice
- Regular updates from the Association of District Judges, Law Society, FLBA and Resolution
- Practice Directions reproduced in full
- Other features include book reviews, letters, Resolution news and a diary of events
February  Fam Law 133
- The treatment of pensions in the Family Court: some answers needed? His Honour Judge Edward Hess
- 16th View from the President’s Chambers: children and vulnerable witnesses: where are we? Sir James Munby
- Pensions on divorce: another witches’ brew. Rhys Taylor
- Pension offsetting: is a consistent approach possible or even appropriate? George Mathieson
- Pensions – are we in denial? Beverley Morris and George Mathieson
- An effective method of enforcement? Blight v Brewster Beverley Morris and Philip Cayford QC
- Incoming international pension orders. David Salter
- Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm. A Report to the President of the Family Division and a Draft Revised PD12J. The Hon Mr Justice Cobb
- Practice Guidance: Family Court – Duration of Ex Parte (Without Notice) Orders
- President’s Guidance: Allocation of work to Section 9 Judges
- Cross-examination of vulnerable people by alleged abusers in person
- Privacy v transparency in the family courts: the tension builds
- Allocation of work to s9 judges
- Online divorce
- Enforcement of financial orders
- Child tax credits and shared care
- Resolution News
- FLBA News
"the principal (monthly) periodical dealing with contemporary issues"Sir Mark Potter P (September 2008)
“widely read legal periodical amongst the district bench according to recent Bulletin survey"Law Bulletin, Volume 21 Number 2 (Summer 2010)
Elizabeth Walsh Solicitor and Mediator
Rebecca Bailey-Harris Barrister, 1 Hare Court; Professor Emeritus, University of Bristol
Caroline Bridge Barrister and Solicitor, High Court of New Zealand; Honorary Fellow, University of Manchester;
Gillian Douglas Professor of Law, Cardiff Law School, Cardiff University
The Hon Mr Justice Stephen Cobb
Band-aids for bullet holes: pro bono legal services post-LASPO
Dr Bianca Jackson
However, those gaps have widened considerably. By 1973, the percentage of the population with a means-tested entitlement to legal aid dropped to 40%, and by 2008, it covered only 29% of the population.2 More recently, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ('LASPO') has effected what is arguably the greatest assault on legal aid since its inception. Legal aid is no longer available for advice or representation for most cases concerning family breakdown, welfare benefit issues, clinical negligence, unfair dismissal, immigration, and housing. According to the Law Society’s Access to Justice campaign, this has resulted in over 600,000 people losing access to legal aid ...
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From arbitrator's award to consent orderGavin Smith
The arbitrator has delivered the award in your financial remedy dispute. How then to obtain a consent order reflecting its terms? Sir James Munby, President of the Family Division, has given important guidance on this topic both in S v S (Financial Remedies: Arbitral Award)  EWHC 7 (Fam),  1 FLR 1257, in which I was the arbitrator, and in his very recent Arbitration in the Family Court: Practice Guidance, issued on 23 November 2015.
Drafting the order
The parties may instruct the arbitrator to draft the consent order. In my view, it is sensible to do so as the arbitrator is in a unique position to ensure that the draft order truly reflects his or her own award. Time and costs will often be saved in this way. Whoever does the drafting, there are certain recitals that should be included (adapted as may be appropriate) in the draft order. These are set out at Annex B to the Practice Guidance and derive from earlier versions set out at para  of the S v S judgement:
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Seen but not heard?Mr Justice Cobb
‘In silence I must take my seat And give God thanks before I eat; …
… I must not speak a useless word For children should be seen, not heard …’
This morally-instructive verse illuminates an austere Victorian attitude to the standing of children in family life. But this dogma was neither the creation nor the preserve of the Victorians; it had been embedded in custom for centuries. A collection of fifteenth century homilies make reference to an old English saying that ‘A mayde schuld be seen, but not herd’; in their turn, John Locke in the seventeenth century, and John Stuart Mill in the nineteenth, each explained and rationalised this accepted notion in their writings. This societal attitude was reflected in an essentially paternalistic and protective jurisdiction of the civil courts responsible for decision-making in relation to children, a jurisdictional principle which continued right up until the end of the twentieth century.
In contemporary society, the increasing autonomy and moral authority of young people is more widely recognised; its influence over and contribution to our lives is
genuinely welcomed. Surely our forebears would not for one second have contemplated that a Nobel award, recognising an extraordinary contribution to global rights of young people, could be made to a 17 year old, as it was in 2014. Remarkable and inspiring though that achievement is, it does not disguise the fact that many young people feel that they are not appreciated, they are not heard, even on matters which affect their daily lives, and which materially and adversely affect their emotional and physical well-being. Consider two recent reports which attracted much national media interest, as examples of this: Anne Coffey’s report 5 Real Voices published at the end of last month contained some extraordinarily distressing stories of child sexual exploitation in Manchester and Rochdale, which for many years went unacknowledged and not addressed; many young people felt that the ‘suits and uniforms’ 6 did not hear what they were saying. Last week the Commons Health Select Committee 7 published its report on children and adolescent mental health, which gave prominence to the range and seriousness of mental health problems affecting young people in England and Wales. Practitioners in the field of family justice(particularly those practising in public law children work) readily recognise the strong connection between mental health problems and social disadvantage, with children and young people in the poorest households three times more likely to have mental health problems than those growing up in better-off homes.8 Mental health conditions, including depression, anxiety and conduct disorder, which are suffered by about one in ten young people in this
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As His Honour Judge Edward Hess states in his Foreword:
‘It is no coincidence then that this edition has no fewer than five excellent articles dealing with pension issues. If there is a common theme in these articles it is perhaps that they express a frustration that the appellate courts have not grappled with the subject as much as they might have done. This impressive collection should play its part in casting light on these questions and perhaps accelerating some clear answers.’
The featured article in this ‘Pensions Special’ is barrister Rhys Taylor’s 40-page comprehensive review of those everyday conundrums which courts face when deciding how to deal with pensions on divorce and dissolution of civil partnership in England and Wales.
Pensions’ expert witness George Mathieson then looks at the thorny issue of offsetting from the perspective of the pension practitioner and demonstrates the difference of opinion which appear to be emerging between the court’s view of pensions and the views of the majority of experts.
In the third article Solicitor Beverley Morris together with George Mathieson suggest that the Family Justice Council’s Guidance on Financial Needs on Divorce could have done more to improve the way pensions are treated in financial remedy cases and call for more guidance on pension sharing/attachment and offsetting by way of a multi-disciplinary working party.
Then Beverley Morris joins with Philip Cayford QC in examining an alternative route to enforcing pension related orders and finally solicitor David Salter deals with the other side to the Goyal coin, frequently encountered in practice, where there are divorce proceedings in another jurisdiction and an order is sought in relation to an English pension.
The full contents list of the February Family Law issue is available to view here.
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