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09 February 2012
Issue: 7500 / Categories: Legal News
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Breaking family boundaries

MoJ: the maintenance of family relationships must be enshrined in law

The importance of children maintaining relationships with both parents following a break-up is to be enshrined in law, the Ministry of Justice (MoJ) has confirmed.

In its response to the recommendations of David Norgrove’s Family Justice Review, the MoJ says it plans to restore public confidence that the courts recognise both parents’ roles.

It will bring forward legislation emphasising the importance of children maintaining parental relationships where that is safe and in the interests of the child. Any legislation will recognise that this does not imply an equal division of access.

Jane Craig, head of family law at Manches, warns: “Providing a formal legal right to shared parenting time is unnecessary and fraught with difficulty—as Norgrove recognised.

“The experience in Australia is that it leads to far more litigation between parents.”

Liz Edwards, vice-chairwoman of Resolution, says: “As the government has recognised, the experience of other countries has shown that guaranteeing ‘shared parenting’ in law places the demands of adults over the needs of children, and we will be engaging with the ministerial working group to ensure that any legislative statement on this issue continues to safeguard children’s welfare.”

Outlining its plans last week, the MoJ said it will require separating couples to attend a mediation session before they can take their case to court, encourage parenting agreements to include grandparents, and set a six-month time limit on care and adoption cases.

Currently, the 20,000 children caught up in care proceedings each year wait an average of 55 weeks before their future is decided.

The MoJ also plans to reduce the use of expert reports in family cases, reduce the amount of time judges spend scrutinising care plans, transfer the court social work agency Cafcass to the MoJ, and simplify the family justice system by creating a single family court across England and Wales.
Law Society chief executive Desmond Hudson called on the MoJ to commit sufficient resources to the reforms and warned the legal aid cuts were brewing “a perfect storm”.

He added: “Delays in care cases amount to a national disgrace—children most in need of society’s care are being failed. The recommendations in the Norgrove review could contribute significantly to reducing these delays.”

Issue: 7500 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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