All Posts By

Tricia Ashton

Doctors ‘can perform caesarean on pregnant woman against her will’

By | Children, News, the family courts | No Comments

Doctors treating a mentally ill woman can conduct a caesarean section against her will, the Court of Protection has ruled. The unnamed woman, in the final stages of pregnancy, has insisted she does not want a C-section. But her medical team told Mr Justice Hayden that she has bipolar affective disorder, as well as a history of both depression and psychosis and they believe there is a real risk that she could relapse while in labour and make irrational decisions if serious complications occur. The Court of Protection is a division of the High Court which makes decisions on behalf…

Read More

Family courts mishandling domestic abuse lawyers claim

By | News, the emotional side, the family courts | No Comments

Here at Cambridge Family Law Practice we have seen an increase in sharp time limits placed on even the most complex domestic abuse cases, which may feature multiple allegations over an extended period of time. Our partner, Tricia Ashton comments: “This of course impacts on the extent to which the allegations of abuse are explored….It is certainly our experience that the Court will limit the number of allegations to no more than ten, for example. The question in every case is whether this strikes the right balance between actively managing the case (which the Judge is required to do) and…

Read More

Can an individual who has carried and delivered a child be recorded as the father of that child? Hearing in the High Court before the President of the Family Division.

By | News | No Comments

Jeremy Ford, Partner at Cambridge Family Law Practice, is instructed on behalf of the child in a groundbreaking case being heard before the President of the Family Division from 11-15 February 2019. The child’s biological parent (“the claimant”) is a transgender male.  He became pregnant by way of intrauterine insemination treatment using donor sperm.  The hearing has arisen as the Registrar General contends that he only has the power in law to record the claimant on his child’s birth certificate as the mother.  Whereas, the claimant argues that such approach breaches his and his child’s article 8 and 14 ECHR…

Read More

Government to consult on ‘no-fault’ divorce

By | divorce, Divorce myths, FAQ, Law news, marriage, News | No Comments

In recent months, the government launched a consultation on ‘no-fault divorce’, calling for the existing fault-based system of establishing marriage breakdown to be abolished. This follows the highly publicised Supreme Court decision in Owens v Owens [2018] UKSC 41, where a wife of 40 years was refused a divorce due to ‘flimsy and exaggerated’ examples of unreasonable behaviour. At present, a person can only petition for divorce on the basis that their marriage has irretrievably broken down, and this must be supported by one of five ‘facts’: Unreasonable behaviour by the other party Adultery by the other party Desertion by…

Read More