Blogs

A long road for surrogacy reform

by Shaili Gohil-Desai

A parliamentary debate on surrogacy law has reignited questions about who should be recognised as a child’s legal parents at birth. Shaili Gohil-Desai considers the case for reform, the safeguards built into the current parenta lorder process, and the Law Commission’s proposed new pathway, asking whether change can better balance the interests of surrogates, intended parents and children.

Should I ask or should I tell?

by Jacinta Gallant

Family lawyers are professional problem-solvers, but is telling clients what they need to know always the best approach?  Jacinta Gallant explores the power of asking rather than telling. She considers how curiosity, careful listening and noticing defensive behaviour can help practitioners understand what really matters to clients – and recognise when it might be time to stop talking and start asking.

PMOS: the invisible reality of working with a chronic condition

by Lucy Gillman

PMOS is a lifelong condition that can affect both physical and mental wellbeing, often in ways that are invisible to others. Drawing on her own experience of diagnosis and working in family law, Lucy Gillman explores the realities of managing PMOS alongside a demanding career, and why understanding, flexibility and compassion from colleagues and employers can make a real difference.

The Law Commission’s consultation on kinship care

by Safia Yousaf

The Law Commission is consulting on reform of the law governing kinship care in England and Wales. Safia Yousaf sets out the key proposals, including a new bespoke Kinship Care Order and kinship parental responsibility agreements, alongside possible reforms to existing arrangements. It considers parental responsibility, support, contact and assessment, and encourages Resolution members to respond before the consultation closes.

Recognising coercive control in financial remedy cases

by Georgina Pearson

Coercive control can have a significant impact on financial remedy proceedings, affecting finances, evidence and a client’s ability to engage effectively in the process. Georgina Pearson explores how practitioners can recognise and evidence patterns of coercive and economic abuse, take a trauma-informed approach, and consider how financial orders can be drafted to minimise opportunities for ongoing control and further dispute.

Ask Elinor: “When client boundaries start to slip”

by Elinor Harvey

This week's "Ask Elinor" column explores what happens when family lawyers’ empathy and commitment begin to blur professional boundaries. Using the Drama Triangle, Elinor explains how the urge to “rescue” clients can lead to exhaustion and resentment, and offers practical ways to set boundaries, manage client expectations and provide compassionate support without being constantly available.

Beyond the process: A trauma-informed approach to family law

by Emily-Jo Moore

A trauma-informed approach to family law does not mean stepping outside the lawyer’s role. Emily-Jo Moore considers the small, practical changes practitioners can make to reduce unnecessary distress and better support clients, from thoughtful communication and checking special measures are in place to recognising the value of wider support and listening carefully to what individual clients need.

Historic connections and forum non conveniens: where are we now?

by Michael Allum

How far should a couple’s historic connections with a country influence where their divorce takes place? Two recent decisions have brought renewed uncertainty to an area of law that had appeared relatively settled. Michael Allum looks at the differing judicial approaches and considers what they mean for determining the appropriate forum in international divorce cases.

That section in the Cafcass Report is not what you think it is

by Gergely Fried

In this second blog from McKenzie Friend Gergely Fried, he continues to explore the gap between what parents think is happening in the family justice process and what is actually taking place. Building on his previous post, Advice Is not orientation, he looks at one of the most common misunderstandings in Cafcass safeguarding letters and section 7 reports, explaining how a better understanding of their structure can help parents engage more calmly and constructively with proceedings.