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Family Justice System Of England And Wales
The Family Justice System of England and Wales is a branch of the Courts of England and Wales that deals with disputes within families through Family law. Disputes are resolved in the Family proceedings court, family magistrates court and in the High Court of Justice#Family Division, Family Division of the High Court. The matters considered by the court include those arising from Marriage in England and Wales, marriage, divorce, financial payments following divorce, protection from Domestic violence, domestic abuse and the risk of domestic abuse, child custody matters, adoption cases, cases surrounding artificial insemination, and the Informed consent, medical treatment of children. Legislation creates some obligations of the state to children, disputes involving such matters aare dealt with by public family law. In 2021, 265,308 cases entered the family court system. There were 38,528 domestic violence orders and 1,054 adoption applications. History Prior to the ''Guardianshi ...
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Courts Of England And Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an executive ...
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Domestic Abuse
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, hono ...
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Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ...
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Andrew McFarlane (judge)
Sir Andrew Ewart McFarlane (born 20 June 1954) is a British judge. He was a Lord Justice of Appeal in England and Wales from 2011 to 2018, and became President of the Family Division in July 2018 upon Sir James Munby’s retirement from that office. Early life and education McFarlane was brought up in Solihull, West Midlands, before moving to Crosby, Merseyside. He was educated at Shrewsbury School and studied law at Collingwood College, Durham, and graduated in 1975. He was an early member of Durham University Sensible Thespians (later renamed The Durham Revue), a sketch comedy group founded in 1973. Legal career McFarlane was called to the bar at Gray's Inn in 1977 and has been a Bencher since 2003. He began his pupillage in London at chancery chambers before moving to 2 Fountain Court in Birmingham (now St Philips Chambers). While there, he and David Hershman wrote ''Hershman and McFarlane: Children Law and Practice''. He then moved to 1 King’s Bench Walk in Temple, Lond ...
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Causality
Causality (also referred to as causation, or cause and effect) is influence by which one event, process, state, or object (''a'' ''cause'') contributes to the production of another event, process, state, or object (an ''effect'') where the cause is partly responsible for the effect, and the effect is partly dependent on the cause. In general, a process has many causes, which are also said to be ''causal factors'' for it, and all lie in its past. An effect can in turn be a cause of, or causal factor for, many other effects, which all lie in its future. Some writers have held that causality is metaphysically prior to notions of time and space. Causality is an abstraction that indicates how the world progresses. As such a basic concept, it is more apt as an explanation of other concepts of progression than as something to be explained by others more basic. The concept is like those of agency and efficacy. For this reason, a leap of intuition may be needed to grasp it. Accordin ...
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CAFCASS
The Children and Family Court Advisory and Support Service (Cafcass) is a non-departmental public body in England set up to promote the welfare of children and families involved in family court. It was formed in April 2001 under the provisions of the Criminal Justice and Court Services Act 2000 and is accountable to Parliament through the Ministry of Justice. Cafcass is independent of the courts, social services, education, health authorities and all similar agencies. Activities Court proceedings for which Cafcass may provide support include: *Parental applications under Section 8 of the Children Act 1989 for a Child Arrangements Order, this includes where a child lives, spends time, or otherwise has contact with each parent *Other parental applications under Section 8 of the Children Act 1989, such as a Prohibited Steps Order or a Specific Issue Order *Adoption cases *Children who are subject to a social services application for a care and/ or supervision order. Cafcass' functi ...
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Parental Alienation
Parental alienation is a theorized process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent. The child's estrangement may manifest itself as fear, disrespect or hostility toward the distant parent, and may extend to additional relatives or parties. The child's estrangement is disproportionate to any acts or conduct attributable to the alienated parent. Parental alienation can occur in any family unit, but is claimed to occur most often within the context of family separation, particularly when legal proceedings are involved, although the participation of professionals such as lawyers, judges and psychologists may also contribute to conflict. Proponents of the concept of parental alienation assert that it is primarily motivated by one parent's desire to exclude the other parent from their child's life. Some assert that parental alienation should be diagnosable in children as a mental disorder. Some propose that ...
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Judiciary Of England And Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. The following is a list of the various types of judges who sit in the Courts of England and Wales: Lord Chief Justice and Lord Chancellor Since 3 April 2006, the Lord Chief Justice has been the overall head of the judiciary. Previously they were second to the Lord Chancellor, bu ...
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Expert Witnesses In English Law
The role of expert witnesses in English law is to give explanations of difficult or technical topics in civil and criminal trials, to assist the fact finding process. The extent to which Experts, authorities have been allowed to testify, and on what topics, has been debated, and to this end a variety of criteria have evolved throughout English case law. Role Generally, witnesses are not permitted when giving evidence to tender their own opinions as fact. The reason for this is that to allow opinion evidence would be to usurp the fact finding duties of either a jury - in criminal trials - or of the Judge.Keane, p. 524 Thus, a witness is allowed to testify that he saw a suspect waiting on a street corner at a specified time, but not that he believed the suspect 'looked shady', or was 'up to no good'. Such evidence would not only be irrelevant as having little probative value, but could be damaging if accepted by the tribunal as fact. The role of expert witnesses is to give certain ...
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President Of The Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were removed from its predecessor, the Probate, Divorce and Admiralty Division. The current President of the Family Division is Sir Andrew McFarlane. Sir James Munby retired as president on 27 July 2018. Presidents of the Probate, Divorce and Admiralty Division * 1 November 1875: Sir James Hannen * 29 January 1891: Sir Charles Butt * 2 June 1892: Sir Francis Jeune * 30 January 1905: Sir Gorell Barnes * 10 February 1909: Sir John Bigham * 9 March 1910: Sir Samuel Evans * 18 October 1918: Sir William Pickford (The Lord Sterndale from November 1918) * 31 October 1919: Sir Henry Duke (The Lord Merrivale from 1925) * 2 October 1933: Sir Boyd Merriman (The Lord Merriman from 1941) * 8 February 1962: Sir Jocelyn Simon (The Lord Simon of Glaisdale fr ...
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Local Authority (United Kingdom)
Local government in the United Kingdom has origins that pre-date the United Kingdom itself, as each of the four countries of the United Kingdom has its own separate system. For an overview, see Administrative geography of the United Kingdom. For details, see: *Local government in England *Local government in Northern Ireland *Local government in Scotland *Local government in Wales For the history of local government in each country, see: *History of local government in England *History of local government in Northern Ireland *History of local government in Scotland * History of local government in Wales For local government entities in each country, see * :Local authorities of England * :Local authorities of Northern Ireland * :Local authorities of Scotland * :Local authorities of Wales See also *List of articles about local government in the United Kingdom *Political make-up of local councils in the United Kingdom This article documents the strengths of political parties i ...
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Ex Parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ''ex parte'' means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of ''habeas corpus'' and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdict ...
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