-
Correcting, clarifying or commenting on media reports of family court cases
-
Explaining or commenting on published Judgments of family court cases
-
Highlighting other transparency news
MEDIA (MIS)REPORTS OF FAMILY COURT CASES
The Guardian – Reported new draft guidelines for Cafcass Officers on how to deal with cases of suspected parental alienation, in Divorcing parents could lose children if they try to turn them against partner. Blog to follow – on the draft guidelines which don’t seem to be published (including at Cafcass), and some of the reporting. We attach a few twitter comments of many about the initiative.
Other press reports include the Independent, the Sun, the Yorkshire Post and the Daily Mail. None link to the draft guidelines under discussion nor comment on when they may be publicly available.
See also the Westminster Dialogues debate last week. The event included a talk from Sarah Parsons, Cafcass Assistant Director. We understand that Only Dads/Only Mums are putting all the speeches on their blog. (Presentations by Sarah Parsons and also Dr Damian McCann, psychotherapist and lecturer at Tavistock Relationships are already available):
The Guardian front page, Saturday 18.11.17: Parents at war could risk losing children pic.twitter.com/rqrp1Bch7e
— The Guardian (@guardian) November 17, 2017
We will definitely be commenting…as soon as we've got our heads around what is actually happening… https://t.co/YvfWeXgcHI
— transparency project (@seethrujustice) November 18, 2017
Delighted #ParentalAlienation is being discussed, that progress is being made – but so disappointed with press coverage sensationalising placing of a child with a loving, caring parent as "punishment" on the other. This is about protecting children & psychological well-being.
— Dr Sue Whitcombe (@drsue2014) November 18, 2017
Helpful to see parental alienation in a spectrum from mild through to severe- and not a gendered issue: Sarah Parsons CAFCASS #WhataboutHenry
— (((Mary Shaw))) (@marycshaw) November 13, 2017
Sarah Parsons: CAFCASS optimistic that awareness of parental alienation can be raised across all groups working in this area- new Practice Guidance in the pipeline for 2018. #WhatAboutHenry
— (((Mary Shaw))) (@marycshaw) November 13, 2017
Reality is it is a complex picture but with the new PD 12J we are more confident about #domesticabuse and need to be more confident about #parentalalienation Sarah Parsons of @MyCafcass #WhatAboutHenry
— Coercive Control (@CCCBuryStEd) November 13, 2017
If this is not informed by a strong understanding of #domesticabuse #coercivecontrol it will be a huge step backwards and threaten recent advances in the family courts https://t.co/n1ak22prEh
— Polly Neate (@pollyn1) November 19, 2017
The Guardian – We responded to a Guardian Social Care Blog by Joanna Nicolas in Breaking the cycle of mistrust – sometimes less is not more. Her blog, Details of care cases are concealed for good reason. The press must respect that, was itself a response (at least in part) to David Niven (former Chair of BASW) in the Guardian last month (Why can’t social workers share success stories with the media?)
The conversation goes on in the lead up to the Transparency Project debate, Should Privacy Trump Accountability, in Bristol on 5th December. The last remaining tickets are available at Eventbrite::
Breaking the cycle of mistrust–sometimes less is not more. https://t.co/xRxOPoCYBz @JoannaNicolas @thetimes @TowerHamletsNow @GdnSocialCare pic.twitter.com/vWeJXiBjf6
— transparency project (@seethrujustice) November 15, 2017
Right peeps. We’re pretty out of tix for 5 Dec. So if you want to debate privacy v accountability get yr skates on : https://t.co/TGHpH5WogD
— transparency project (@seethrujustice) November 20, 2017
The Times – Launched ‘their’ campaign for divorce law reform last week. The campaign was welcomed by those who have researched and campaigned on the issue for some time now:
Great to see @thetimes launch its campaign for divorce law reform today and quote from @topfamilylawyer and @resfamilylaw, who’ve done so much work promoting this much overdue change. https://t.co/0KvBDH9Mc0
— Edward Cooke (@Chifamilylawyer) November 17, 2017
“Governments don’t often get a chance to make things better for children & families and save money at the same time. Let’s hope they take it.”
A powerful argument for #nofaultdivorce from @LizTrinder1 https://t.co/7e7izaESJG (£)
— Resolution (@ResFamilyLaw) November 16, 2017
Linker of the Week
The Telegraph – Olivia Rudgard at the Telegraph reporting the family courts for the second week in a row, with a link to the published family court judgment, H (A Child : Surrogacy Breakdown) [2017] EWCA:
Positively pioneering from @Telegraph @OliviaRudgard on the linking to family court judgments front:
Surrogate mother who changed her mind must hand baby to gay couple, court rules' | via @telegraph https://t.co/70ErDeqamY— transparency project (@seethrujustice) November 20, 2017
The Guardian – Linked readers from their report UK banker being kept alive against wishes of family and doctors, to the published judgment in NHS Trust v Y & Anor [2017] EWHC 2866 (QB) (13 November 2017)
(Good on @guardian for linking to the judgment in this report https://t.co/ikh2NPX5fL)
— Lucy Series (@TheSmallPlaces) November 16, 2017
The Guardian – Provided readers with a link to a historical family court judgment and summary by Family Law Week, mentioned in this article, Divorcing parents could lose children if they try to turn them against partner (See also above. We will be commenting further on this story):
Divorcing parents could lose children if they try to turn them against partner https://t.co/JykFLbRZTc
— The Guardian (@guardian) November 17, 2017
NEWLY PUBLISHED CASES FOR EXPLANATION OR COMMENT
A Child : Surrogacy Breakdown [2017] EWCA Civ 1798 (17 November 2017) – The published judgment from the Court of Appeal decision to dismiss an appeal against a 2016 decision by Theis J. (Reported by the Telegraph here). The Court of Appeal were also critical of the surrogate parents for “unwisely and unaccountably” generating publicity about the case, and made an order preventing them from speaking to the press (Para 29). Blog to follow:
ⓝⓔⓦ H (A Child : Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017) https://t.co/HdQNiBuudo
— Support BAILII (@BAILII) November 17, 2017
NHS Trust v Y & Anor [2017] EWHC 2866 (QB) (13 November 2017) – The judgment from Monday’s High Court decision (appeal expected). We anticipate legal commentaries will follow. In the meantime a twitter reminder of the importance for families and the free resource @AGoodDeath :
This case on when MCA decisions need to go to court has potentially far reaching consequences. Hope the CoA/UKSC can provide much needed clarity https://t.co/ikh2NPX5fL
— Lucy Series (@TheSmallPlaces) November 16, 2017
This case on when MCA decisions need to go to court has potentially far reaching consequences. Hope the CoA/UKSC can provide much needed clarity https://t.co/ikh2NPX5fL
— Lucy Series (@TheSmallPlaces) November 16, 2017
How Court of Protection judges decide end-of-life cases https://t.co/RSYrLcsddr. If you want to avoid a judge being the decision-maker, @AGoodDeath has free online resources and telephone support to write an advance decision or appoint a lasting power of attorney.
— Tor Butler-Cole (@TorButlerCole) November 19, 2017
IN OTHER TRANSPARENCY NEWS
Legal Bloggers – A Level Playing Field? – We re-published this month’s Transparency column from Family Law as a blog post with their kind permission. It makes the case for amending procedural rules that allow journalists to attend most family court cases, to include a limited category of others, including qualified legal bloggers. We will upload previous articles in due course.
Legal bloggers – a level playing field? Our latest article for @JPFamilyLaw [2017] Fam Law 1267 : https://t.co/IMsZUXmN3p pic.twitter.com/PHBHHFAIY4
— transparency project (@seethrujustice) November 15, 2017
"Reporting in the public interest" is a function, rather than a professional category https://t.co/D6CalZJ3lN
— Naomi Colvin (@auerfeld) November 16, 2017
The Right to Justice: Political slogan or something more sinister – David Burrows questions the notion that politicians can grant a ‘right to justice’, with reference to last month’s final report of the Bach Commission:
we all have an absolute right to jusicehttps: it's #legalaid and right of access to the courts we need https://t.co/aVbgfAFPrt @Adam_Creme @rights_info @LegalActionGrp @CivilLitTweet @seethrujustice @Maggotlaw
— David Burrows (@dbfamilylaw) November 17, 2017
Feature pic: Courtesy of Flickr Lauri Heikkinenon via Creative Commons licence – with thanks