Tackling child abuse: is mandatory reporting the answer?

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By Declan O’Dempsey Former Director of Public Prosecutions, Keir Starmer QC, has called for an overhaul of the law concerning safeguarding children. In a previous post I considered the current legislation and whether it goes far enough. I concluded that there is a need for a more general duty to have due regard to the […]

Will there be reform for cohabiting couples?

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By Seona Myerscough The Head of the Family Division, Sir James Munby, recently held a press conference where he addressed the wide ranging reforms of the family justice system that came into force on 22 April 2014. He was also asked to look to the future. A particular area of interest for us all were […]

Why an inquisitorial system for family courts won’t work

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By Lorna Borthwick The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of […]

Statutory backing for pre-nups – a welcome proposal

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By Collette Bailey The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory backing, but this may be about to change. In their report published on 27 February 2014, the Law Commission recommended the introduction of legally […]