Family

The new EU regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( Regulation (EC) No. 4/2009) was published in the Official Journal (L7/2009) and entered into force in January 2009. The UK government has formally applied to opt-in.
See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:007:0001:0079:EN:PDF 

The family Bar is at breaking point, warns Desmond Browne QC 

Post-nups are valid and enforceable, but pre-nups are not—yet.Philip Perrins examines the impact of MacLeod 

The Commission should have adopted its much anticipated proposal on jurisdiction and applicable law, etc, in this complex field, by the time of reading. If so, the UK has 3 months to decide whether to opt in to the proposal. The Chancery Bar will comment. 

Family law barristers have joined with the NSPCC to call for an urgent Parliamentary inquiry into the state of the family justice system. A coalition, including the Bar Council and Family Law Bar Association, have written to the chair of the House of Commons Justice Select Committee, Alan Beith MP, calling for an inquiry into the impact of repeated cuts in the family justice system. 

Funding for specialist advisers providing support in severe cases of family breakdown has been cut, in moves announced last month by the Ministry of Justice and Legal Services Commission. Lucy Theis QC, Chairman of the Family Law Bar Association, warned of two-fold risks: “These cuts will result in the inability of wives to secure proper financial provision from a husband determined to hide assets…The Government is making this area of practice less attractive for prospective barristers…This will deny vulnerable families and children effective access to justice.”

The Commission's long-awaited private international law proposal is due out on 24 March. It is expected to cover not only applicable law, but also jurisdiction, recognition and enforcement. The Chancery Bar Association has been actively following preparations, and will react. 

THE Bar Council and the Family Law Bar Association have expressed concern over plans, announced by the Ministry of Justice, to roll up payments to barristers and solicitors into a single advocacy fee, putting at risk effective access to justice for those who need most protection. 

Lucy Theis QC, Chairman of the Family Law Bar Association, said: 

‘The protection of children is a concern to all of us. There is often no second chance when children are at risk of harm. At a time when senior family judges are publicly raising concern that the system is creaking at the seams the LSC seem intent on putting it under increasing pressure – children, parents and the administration of the Courts will suffer. 

By the time of reading, the Council will have adopted this regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. The regulation will ensure that a maintenance creditor is able easily to obtain in one Member State a decision which will be automatically enforceable in another Member State, with no further formalities. The UK has formally applied to opt-in. 

A proposed single advocacy fee for barristers and solicitors in family cases would overpay less difficult cases and underpay more complex cases, barristers have warned.