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FAMILY MEDIATOR MONTHLY
INDEX JANUARY 2018 (ISSUE 20) TO DECEMBER 2018 (ISSUE 31)
|Description |Issue |
|FMM SPECIALS |
|MQM & 2018 specification annex comparison (separate paper alongside) |24 |
|GDPR (separate paper alongside) |24 |
|Death and the mediator |31 |
|LEGAL UPDATE - NEWS |
|Another new Lord Chancellor |20 |
|Changes to domestic violence evidence requirements and court forms |20 |
|Child maintenance leaflet update |20 |
|CAFCASS private law cases down for a change |20 |
|Norwegian experience suggest shared care benefits children |20 |
|Parental feedback on the Child Maintenance Service |20 |
|Update on Standard Financial and Enforcement Orders |20 |
|Ongoing reform - Financial Remedies Courts |20 |
| | |
|Progress with digital divorce |21 |
|A step closer to opposite sex access to civil partnerships |21 |
|Independent Sharia review reports |21 |
|Update on separate and specialist financial courts |21 |
|A scandalous waste of court time |21 |
|Russian millionaire appeals financial settlement |21 |
|Poor data collection about fathers unhelpful to children |21 |
|Domestic abuse figures released |21 |
|Countries with reciprocal child maintenance arrangements |21 |
|Virtual money and hiding assets |21 |
|Private law cases continue to increase |21 |
|Nuffield Foundation to establish a Family Justice Observatory |21 |
|Consultation on new domestic abuse measures announced |21 |
| | |
|Government acts to tackle domestic abuse |22 |
|President issues jurisdiction guidance |22 |
|Review of LASPO launched |22 |
|Another downward month for private law case figures |22 |
|Consultation on Family Standard Orders |22 |
|President criticises speed of reform in some areas of family law |22 |
|Progress on the Secure Tenancies Bill for victims of domestic abuse |22 |
| | |
|CAFCASS rated by Ofsted as ‘outstanding’ |23 |
|Gloomy court figures |23 |
|Fast track financial remedy rule amendments published |23 |
|Student loan repayment threshold increases |23 |
|Third dip in four months in private law cases |23 |
|Theatre and family court |23 |
|Defective divorce petitions and decrees: guidance issued |23 |
|New President of the Family Division appointed |23 |
|Guidance on Financial Needs on Divorce updated |23 |
|Nuffield research highlights folly of defended divorce |23 |
|Family Justice Observatory team appointed |23 |
| | |
|Roll out of online divorce |24 |
|Children’s right to a relationship with extended family |24 |
|Changes to court forms A and A1 |24 |
|Digital courts project behind schedule and overspent |24 |
|Private law cases up by almost 13% on April 2017 |24 |
|Civil partnership for heterosexual couples heard at Supreme Court |24 |
|Family Justice Research Bulletin |24 |
|Owens contested divorce goes before Supreme Court |24 |
|Legislation to modernise the courts introduced in House of Lords |24 |
|Review of research on parental alienation |24 |
| | |
|Characteristics of women most at risk of partner abuse |25 |
|What did he mean by a holistic approach? |25 |
|First child without a legal mother? |25 |
|Mills spousal maintenance appeal heard in Supreme Court |25 |
|New judicial guidance on standard children and other orders |25 |
|Small increase in private law cases |25 |
|CAFCASS Chief Executive to stand down next March |25 |
|Child Maintenance Service (CMS) performance statistics published |25 |
|Family Drug and Alcohol Court (FDAC) National Unit closing |25 |
|Divorce has a detrimental economic impact on women |25 |
| | |
|MIAMs down and child/domestic abuse applications up |26 |
|Court forms have moved to GOV.UK |26 |
|Private members bill to progress no fault divorce |26 |
|Can court reform be delivered? |26 |
|Online divorce pilot extended to March 2019 |26 |
|Final flurry from departing President |26 |
|Increased cohabitation in middle aged couples |26 |
|Farewell and welcome |26 |
| | |
|DWP publish child maintenance statistics |27 |
|The (ex) President regrets… |27 |
|Solicitor application for online divorce pilot launched |27 |
|Russian oligarch in contempt of court |27 |
|Continuing rise in CAFCASS private law cases |27 |
|Update on the new C100 |27 |
|Developments in child maintenance compliance |27 |
|Civil partnerships continue to rise |27 |
|Plans to improve enforcement of financial orders |27 |
|CPAG publish Cost of a Child 2018 report |27 |
|Commons debate on LASPO and post-implementation review |27 |
|Vacancy for family mediator on Family Justice Council |27 |
| | |
|Industry responses to the LASPO review |28 |
|CAFCASS parental alienation guidelines to be introduced |28 |
|Brexit and family law |28 |
|Latest CAFCASS private law figures |28 |
|Consultation on divorce law reform |28 |
|Male DA figures double |28 |
|DWP child maintenance statistics |28 |
|MIAMs down and mediation starts stable |28 |
| | |
|Civil partnership to be extended to mixed-sex couples |29 |
|Latest CAFCASS private law figures |29 |
|New impact assessment framework at CAFCASS |29 |
|Why reducing parental conflict matters |29 |
|Wrongful advice from a McKenzie Friend |29 |
|Research into online legal advice |29 |
|Families Need Fathers blame LASPO for bogus domestic abuse claims |29 |
|2% pay rise for judges |29 |
|HM Courts Family Reform event |29 |
| | |
|Financial Remedies pilot extended |30 |
|Latest CAFCASS private law figures |30 |
|Dubai court over-rules High Court judgment |30 |
|Children can thrive when their parents separate |30 |
|Child Maintenance Bill 2017-19 |30 |
|Family Procedure rule change |30 |
|DWP CSA statistics |30 |
|Sir James Munby appointed to head Family Justice Observatory |30 |
|Lord Chief Justice highlights need for more judicial resources |30 |
|Court to pilot flexible hours |30 |
|Civil partnerships for opposite sex couples update |30 |
|Divorce (Financial Provision) Bill 2017-19 moves on |30 |
|Not a crisis but a workload challenge |30 |
|Appeal court rules pre-nuptial agreement is unfair |30 |
|Prevalence of Domestic Abuse remains unchanged |30 |
| | |
|Special Guardianship under review |31 |
|Latest CAFCASS private law figures |31 |
|No reason to extend the wait between Nisi and Absolute |31 |
|More cases in court and they are taking longer |31 |
|Publication of LASPO review delayed again |31 |
|LEGAL UPDATE - JUDGMENTS |
|Suspended prison sentence for non-compliance with court undertaking |20 |
|Case: O’Connell v Lovell (divorce : property) [2017] EWFC B99 (21 December 2017) | |
| | |
|There should have been a fact finding hearing | |
|Case: J (DV Facts) [2018] EWCA Civ 115 |21 |
|Adoption order gained by lies set aside | |
|Case: Re J (Adoption appeal) [2018] EWFC 8 |21 |
|The use of an employment expert in court | |
|Case: Buehrlen and Buehrlen [2017] EWHC 3643 (Fam) |21 |
| | |
|A clean break is a clean break, except when… | |
|Case: A v A [2018] EWHC 340 (Fam) |22 |
|Winnings are not income for child support purposes | |
|Case: French v The Secretary of State for Work and Pensions & Anor [2018] EWCA Civ 470 |22 |
|The lengths some parents will go to | |
|Case: Y v H & Anor [2017] EWHC 3698 (Fam) | |
|Non-compliant ex husband imprisoned |22 |
|Cases: | |
|KJ Hart v JR Hart & Brondesbury Ltd & S Byrne [2018] EWHC 548 (Fam) and |22 |
|KJ Hart v JR Hart & Brondesbury Ltd & S Byrne & Halesowen Estates Ltd [2018] EWHC 549 (Fam) | |
|Successful appeal of replacement financial remedies orders | |
|Case: HR v SR [2018] EWHC 606 (Fam) | |
| | |
|Hostile mother refused permission to appeal |22 |
|Case: Re: C [2018] EWHC 557 (Fam) | |
|Lifetime maintenance award reduced to 3 year term | |
|Case: Waggot v Waggott [2018] EWCA Civ 727 |23 |
|Previously hostile mother realises the error of her ways | |
|Case: Re: S & N [2018] EWHC 693 (Fam) |23 |
| | |
|Husband’s attempt to appeal decision to imprison rejected |23 |
|Case: Hart v Hart [2018] EWCA Civ 1053 | |
|Further evidence of the precariousness of cohabiting | |
|Case: Dobson v Griffey [2018] EWHC 1117 (Ch) |24 |
|Mr Ecotricity in reverse | |
|Case: A v B [2018] EWFC 4 |24 |
| | |
|High value Children Act Schedule 1 applications |24 |
|Case: MT v OT [2018] EWHC 868 (Fam) | |
|Outcome of late financial remedies application by ex-husband of 25 years | |
|Case: A v B [2018] EWFC 45 |25 |
|Landmark judgment on civil partnerships | |
|Case: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development (in substitution for |25 |
|the Home Secretary and the Education Secretary) [2018] UKSC 32 | |
| |25 |
|Privilege, perjury and perverting the course of justice | |
|Case: Bruzas v Saxton [2018] EWHC 1619 (Fam) | |
|Supreme Court reverts to original settlement | |
|Case: Mills v Mills [2018] UKSC 38 | |
|Supreme Court upholds not unreasonable enough behaviour decision |26 |
|Case: Owen v Owen [2018] UKSC 41 | |
|Court of Appeal recommends mediation |26 |
|Case: Harris v Harris [2018] EWHC 1836 (Fam) | |
| |26 |
|Islamic marriage accepted as void to allow for financial remedies | |
|Case: Akhter v Khan [2018] EWFC 54 |26 |
|The clean break that was not returns to court | |
|Case: A v A [2018] EWHC 2194 (Fam) | |
|Child vaccination |27 |
|Case: B (A Child: Immunisation) [2018] EWFC 56 | |
| |27 |
|Needs, non-disclosure and fairness in a modest asset case | |
|Case: AvA [2018] EWFC B42 (6 July 2018) |27 |
|Dishonesty and debt | |
|Case: R and K [2018] EWFC 59 | |
|Contempt and costs |28 |
|Case: LKH and TQA AL Z [2018] EWHC 2436 (Fam) | |
| |28 |
|Ex wife seeks order of last resort | |
|Case: De Gafforj v de Gafforj [2018] EWCA Civ 2070 |28 |
|Contempt settled at the door of the court | |
|Case: Rogan v Rogan [2018] EWHC 2512 (Fam) | |
|Father loses parental responsibility and is excluded from children’s lives |29 |
|Case: PM v CF [2018] EWHC 2658 (Fam) | |
| |29 |
|The ongoing saga of Hart v Hart | |
|Cases: Hart v Hart & Ors [2018] EWHC 2894 (Fam) and |29 |
|Hart v Hart [2018] EWHC 2966 (Fam) (05 November 2018) | |
|Parent or child alienation? | |
|Case: D (A child : parental alienation) [2018] EWFC B64 |30 |
|Needs, sharing and contribution | |
|Case: IX v IY [2018] EWHC 3053 (Fam) | |
| |30 |
|Mother ordered to move to allow shared care | |
|Case: BB v CC (residence order) [2018] EWFC B78 |30 |
| | |
| | |
| |31 |
|LEGAL AID UPDATE |
|Next steps in the legal aid contracting process |20 |
|CWA bulkload spreadsheet updated |20 |
| | |
|Bulkload spreadsheet updated |21 |
|Replacement contract schedules to be issued |21 |
| | |
|Next steps in the tendering process |22 |
|Class 2 NI for the self-employed |22 |
| | |
|Keycard 54 published |23 |
|Updated guide to determining controlled work published |23 |
|Contracts revised to meet GDPR requirements |23 |
|Excluded individuals list published |23 |
| | |
|News feed on agency developments |24 |
|New contract schedules |24 |
|Privacy notices updated on application forms |24 |
|The Mediation Quality Mark and Specification Annex compared |24 |
| | |
|Means assessment form updated from 25 May 2018 |25 |
|Another opportunity to tender for family mediation contracts |25 |
| | |
|018 contract documents updated |26 |
|Where to go with Legal Aid queries |26 |
| | |
|2018 contracts now available |27 |
|Training pack for 2018 standard civil contract |27 |
|LAA LAA Land |27 |
| | |
|Revised Family Mediation Guidance Manual published |28 |
| | |
|Equality and diversity guidance updated |29 |
|Directory of Legal Aid Providers |29 |
| | |
|Directory of Legal Aid Providers |30 |
|Updated eligibility guidance |30 |
|Minutes of LAA consultative group |30 |
|CWA detailed user guide updated |30 |
| | |
|CWA detailed user guide updated again |31 |
|Legal Aid statistics: July to September 2018 |31 |
|PERSONAL TAXATION UPDATE |
|Stamp duty exemption only applies with property adjustment order |20 |
| | |
|All change next month |21 |
| | |
|General and employee tax and NI changes |22 |
|Self-employed and service company tax and NI changes |22 |
|Property taxes in England and Wales |22 |
| | |
|Social care tax proposed for over 40s |25 |
|Another opportunity to tender for family mediation contracts |25 |
| | |
|Rent a Room rules to be tightened |26 |
| | |
|Ideas for changing stamp duty |27 |
|HMRC accused of unfair treatment |27 |
| | |
|Deadline for registering for self assessment |28 |
|Budget set for 29th October 2018 |28 |
| | |
|Personal allowance and higher rate threshold to rise |29 |
|A sneaky National Insurance hike |29 |
|Further (and retrospective) stamp duty reduction for first time buyers |29 |
| | |
|Budget tax change will affect couples going through divorce or dissolution |30 |
| | |
|Student loans redefined |31 |
|Children of parents who do not claim child benefit need to apply for NI number |31 |
|WELFARE BENEFITS UPDATE |
|Shocking under claiming of carers NI credits towards state pension |20 |
|Welfare benefits scheduled and postponed changes in 2018 |20 |
|Child care options |20 |
| | |
|Benefit cap remains static in spite of rising rents |21 |
|Universal Credit wait reduced by one week from February |21 |
|Tax-free childcare roll out complete |21 |
|Forthcoming changes – Support for Mortgage Interest and childcare |21 |
| | |
|No reprieve for Support for Mortgage Interest (SMI) |22 |
|Benefit rates for 2018/19 |22 |
| | |
|Benefit rates chart for 2018/19 |23 |
|A Universal Credit reminder |23 |
|Mortgage help (SMI) stopped for 42,000 claimants |23 |
| | |
|High court rules 2-child policy unlawful (in part) |24 |
| | |
|Benefits for clients of state pension age |25 |
|Proposals for additional UC transitional arrangements |25 |
| | |
|Parents potentially underclaiming child tax credits |26 |
| | |
|Childcare voucher scheme due to close to new members on 4th October |27 |
|Almost a third of households affected by two-child policy are single adult |27 |
| | |
|Frozen Local Housing Allowance threatens increase in homelessness |28 |
|Working parents struggling to meet cost of 30 hours ‘free’childcare |28 |
|Help to Save scheme fully available from October 2018 |28 |
| | |
|Will the BBC scrap free TV licences for the over 75’s? |29 |
|Extra money for Universal Credit transition |29 |
| | |
|Further funding for Universal Credit managed migration |30 |
|UN takes a view on impact of austerity |30 |
|£10 billion in benefits unclaimed |30 |
|BBC announces consultation on free licences for the over 75s |30 |
| | |
|Pressure to include Christmas Bonus in Universal Credit |31 |
|Will MPs block managed migration to Universal Credit? |31 |
|PENSIONS UPDATE |
|New Pensions Minister |20 |
|Alarming report about state pension fund running out in 2032 |20 |
|Changes in recognised overseas pension schemes (ROPS) |20 |
|High Court orders scammers to pay back funds |20 |
| | |
|Still no date for ban on pension cold calling |21 |
|Changes in recognised overseas pension schemes (ROPS) |21 |
|One third of people don’t recognise pension scams |21 |
|Divorcees experience significant income loss in retirement |21 |
| | |
|Date set for pension cold-calling ban |22 |
|Changes in recognised overseas pension schemes (ROPS) |22 |
|Workplace pension contributions increase |22 |
|Lifetime allowance increase |22 |
|State pension increase |22 |
| | |
|Proposal for a ‘default’ retirement fund |23 |
|Pension Advisory Group (PAG) reports and consults |23 |
|Think-tank encourages extension of auto-enrolment to the self-employed |23 |
| | |
|High participation and low contributions |24 |
|Remember pension freedoms are age related |24 |
| | |
|Gender transition trumps divorce in pension case |25 |
|Wake-up' retirement packs to be sent from age 50 |25 |
|Pension cold-calling ban date missed |25 |
|Universal Credit transition unlawfully discriminated against disabled people |25 |
| | |
|Will pension dashboard be ditched? |26 |
|New consultation on pension cold calling ban |26 |
|Pensions triple lock unsustainable and has to go |26 |
| | |
|MPs launch enquiry into pension charges and transparency |27 |
|Provider has some responsibility for scam avoidance |27 |
|FCA and pensions regulator launch scam awareness campaign |27 |
|Private sector paying for public sector pensions |27 |
|Think tank suggests scrapping pension tax relief |27 |
| | |
|European Court rules pension protection cap unlawful |28 |
|Divorced women missing out on pensions |28 |
|Death in service benefit can stop at age 65 |28 |
| | |
|No change to the triple lock in this Parliament |29 |
|£20 billion in lost pensions |29 |
|Lifetime allowance rises |29 |
|No change to pension tax relief |29 |
| | |
|6 months left for high earners to take advantage of additional tax relief |30 |
|Thousands of pensioners over taxed under pension freedoms |30 |
|Final salary scheme transfer delays anticipated |30 |
|Net pay pension schemes disadvantage low earners |30 |
| | |
|Judicial review of women’s state pension age increases |31 |
|Pension dashboard to be launched in 2019 |31 |
|Auto-enrolment not to be extended to self employed |31 |
|Tweet announces cold calling ban |31 |
|MISCELLANY |
|Requirement for enhanced DBS checks (previously Criminal Records checks) suspended |20 |
|DWP help for victims of domestic violence and abuse | |
|The Hidden Cost of Divorce and Separation |20 |
|FMC January newsletter published |20 |
| |20 |
|General Data Protection Regulation (GDPR) | |
| |21 |
|Student loans and mortgage capacity | |
|Increase in the Living and Minimum Wages |22 |
|FMC March Newsletter published |22 |
| |22 |
|Survey on social media and the use of internet communication in mediation | |
|GDPR for mediators |23 |
| |23 |
|General Data Protection Regulations (GDPR) | |
|FMC Standards framework extended to include Child Inclusive Mediation (CIM) |24 |
|FMC May Newsletter |24 |
| | |
|FMC July Newletter published |24 |
| | |
|Nuffield Family Justice Observatory |26 |
| | |
|FMC September newsletter |27 |
| | |
|The value of housework |28 |
|Domestic Abuse bill too narrow | |
|National Living Wage increase |29 |
| |29 |
|Mediator representative on the Family Justice Council |29 |
|Real living wage | |
|FMC November 2018 newsletter |30 |
| |30 |
|Basic DBS checks |30 |
| | |
| |31 |
|CONFERENCES AND COURSES |
|Listings | |
|Mediator conferences | |
|Trainee opportunities (from Issue 24) | |
|Developing mediation skills and practice | |
|Supporting knowledge updates for mediators | |
|PPC foundation training | |
|PPC CPD events | |
|Online courses (safeguarding and domestic abuse) | |
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