Family Law & Lattes
By Melanie Bataillard-Samuel
Family Law & LattesMar 05, 2024
A look at the Non court dispute resolution landscape - Graeme Fraser
In today’s episode Melanie Bataillard-Samuel is joined by a Family Law & Lattes alumni, Graeme Fraser, Partner and Head of Family at BBS Law in London.
Graeme has considerable experience in advising on financial settlements involving complex assets and substantial wealth, and on cohabitation, for which he holds the Resolution specialist accreditation.
Graeme is a regular media commentator including the BBC and national media. He is a member of the Family Procedure Rule Committee (FPRC) and sits on Resolution’s Family Law Reform Group. In 2018, he won the Family Law Commentator of the year award, voted for by the family law community in recognition of his published work highlighting the plight of unmarried couples. He chairs Resolution’s Cohabitation Committee and belongs to the Law Society Family Accreditation Scheme. In September 2023 he won Resolution’s inaugural Member’s Choice Award recognising his trailblazing work in cohabitation practice and policy.
In this episode they’ll be taking advantage of Graeme’s knowledge and work with the FPRC and Resolution’s Family Law Reform Committee to talk about NCDR, what it is, and why we need to talk about.
Melanie Bataillard-Samuel - MBS Family Law
Resolution Together - https://resolution.org.uk/resolution-together/
A look at Family Law Post Pandemic - Graeme Fraser
In this episode Melanie is joined by a Family Law & Lattes alumni, Graeme Fraser, Partner and Head of Family at BBS Law in London.
During the pandemic many family law specialists found themselves with time to look at their lives, careers, and ultimately consider the changing landscape of family law. Over the last few years Graeme has written several thought provoking articles looking at the changes. Today I’ll be picking his brains about what he thinks are the topics to consider.
Graeme has considerable experience in advising on financial settlements involving complex assets and substantial wealth, and on cohabitation, for which he holds the Resolution specialist accreditation.
Graeme is well-known in the legal community and beyond not simply as an experienced specialist family lawyer, but also as a commentator, writer and trainer. He is a regular media commentator including the BBC and national media. Graeme is a consultant editor and author for LexisPSL Family on cohabitation. Additionally, he is the editor of Resolution’s Cohabitation Claims (second edition) (2019) and one of the authors of Resolution’s The Modern Family (2012). In 2018, he won the Family Law Commentator of the year award, voted for by the family law community in recognition of his published work highlighting the plight of unmarried couples.
Melanie Bataillard-Samuel - MBS Family Law
Resolution Together - https://resolution.org.uk/resolution-together/
Graeme’s articles:-
Changing times for family law practice - https://www.familylaw.co.uk/news_and_comment/changing-times-for-family-law-practice
Anglo French Private Client Issues for Family Lawyers
Today Melanie Bataillard-Samuel is joined by Angharad Lynn, a partner in the private client team in the London offices of VWV.
Angharad is experienced at drafting Wills, administering Estates and also advises on trusts, inheritance tax planning and Lasting Powers of Attorney. She specialises in international work and cross-border estates (in particular France!) and speaks French, Italian and Welsh.
Before training as a solicitor Angharad was a national newspaper journalist specialising in personal finance, and her knowledge in this area provides a useful background to her current role. She enjoys writing on legal matters and has contributed to publications including the Mail on Sunday and the Spectator. She has also appeared on BBC Radio.
In this episode Angharad and I will be looking at the differences between English and French private client law, what pitfalls might appear and, most relevant for us family lawyers, what we need to be aware of.
Melanie Bataillard-Samuel - MBS Family Law
Parental Alienation, Re C and the Instruction of Experts
Today Melanie is joined by Ian McArdle, a family law barrister at Atlantic Chambers in Liverpool and Magdalen Chambers in Exeter.
Prior to being called to the Bar, Ian was a solicitor practising in all aspects of criminal law and children law. Admitted to the Roll in 2010 and being a member of the Law Society Children Panel since 2013, Ian practised in Liverpool before moving to North Devon in 2014 where he worked in a niche, award-winning practice specialising in all aspects of children law, with a particular focus on complex cases in which he represented local authorities, parents, children and other family members. A keen advocate, Ian acquired his Higher Rights of Audience in 2015.
Alongside his practice at the Bar, Ian is currently undertaking a Professional Doctorate in which he is researching the issue of parental alienation in the family justice system. Ian has written on the topic, with articles for Family Law Week and the Magistrates Association as well as delivered training for national training organisations.
Which is handy since today we are talking about parental alienation and in particular the widely anticipated judgement handed down last February by the President in the case of Re C on the issue of the instruction of experts in proceedings where there is an allegation of parental alienation. The particular focus of this judgment is not on the issue of parental alienation itself but rather for the Court to consider the instruction of unregulated psychologists as experts in the Family Court in general.
Our Family Wizard - Cyber Security
In today's episode Melanie Bataillard-Samuel of MBS Family Law is joined by Steven Bradley, cybersecurity expert with Our Family Wizard. Steven had an extensive law enforcement career focusing on investigating crimes against persons, specialising in sex crimes, child abuse, domestic violence, and crimes against the elderly in the United States. He was recruited by the FBI to start a task force that would investigate technology and cyber-related crimes. After returning from the FBI Academy in Quantico, VA, he began combating many types of technology crimes including child pornography, cyberstalking, financial exploitation, and apprehending child predators.
Now as part of the OurFamilyWizard professional team, Steven further promotes the empowerment and healthy communication between separated and divorced parents via technology. Steven is nationally recognised as an expert on law enforcement’s response to intimate partner violence, abuse of the elderly, and stalking/cyberstalking.
Parental Alienation - Zoe Fleetwood
In today's episode Melanie Bataillard-Samuel of MBS Family Law is joined by Zoe Fleetwood of Mills & Reeves. Zoe is a highly experienced children lawyer and heads Mills & Reeves’ children law team. Well-known for handling complex cases, Zoe’s experience includes child abduction, wardship, care proceedings, surrogacy, adoption and forced marriage, as well as disputes involving allegations of abuse. Zoë’s cases often have an international dimension.
In this episode Melanie and Zoe discuss a topic that is being raised more and more in family law – Parental Alienation.
Melanie Bataillard-Samuel - MBS Family Law
Zoe Fleetwood - Mills & Reeves
Supervision and Essential Skills - Gillian Bishop
In today's episode Melanie Bataillard-Samuel of MBS Family Law is joined by Gillian Bishop. Gillian is family law solicitor, she's a trained collaborative lawyer, children's law arbitrator, mediator and family law supervisor. She's also a lawyer at Family Law in Partnership of which she is a founding member. Gillian for many year chaired resolution's skills and support committee.
In this episode Melanie and Gillian will be discussing family law supervision.
Melanie Bataillard-Samuel - MBS Family Law
Gillian Bishop - Family Law in Partnership
Show Notes:
Flip Faculty - https://www.flipfaculty.org/
ReFLEx - https://www.reflextraining.co.uk/
Christmas Special
In this Christmas Special we've decided to flip the script. James Evans of Our Family Wizard will be hosting a very special guest, Melanie Bataillard-Samuel.
Melanie Bataillard-Samuel - MBS Family Law
James Evans - Our Family Wizard
Pensions - Matthew Richardson
In today's episode Melanie Bataillard-Samuel of MBS Family Law is joined by Matthew Richardson of Coram Chambers. Matt is a barrister and a mediator. As a barrister he specialises in financial remedy and family property cases including divorce, the separation of unmarried people, the interests of wider family members (TOLATA), and financial support for children (Schedule 1).
As a mediator, specialises in family disputes across all areas of family law, including but not limited to family finances, the arrangements for co-parenting children, and the involvement of wider family members relating both to finances and children.
In this episode Matt will be providing us with a reminder of the things we should be considering when dealing with pensions in a financial remedy context.
Melanie Bataillard-Samuel - MBS Family Law
Matthew Richardson - Corum Chambers
Cohabitation Law Reform - Graeme Fraser
In today's episode Melanie Is joined by Graeme Fraser, Partner and Head of Family at BBS Law. Graeme has considerable experience in advising on financial settlements involving complex assets and substantial wealth, and on cohabitation, for which he holds the Resolution specialist accreditation.
He maintains a keen interest in the legal rights of unmarried parents, and is chair of Resolution’s Cohabitation Committee, which has an agenda to reform cohabitation. He is a consultant editor and author for LexisPSL Family on cohabitation. Additionally, he is the editor of Resolution’s Cohabitation Claims (second edition) (2019) and one of the authors of Resolution’s The Modern Family (2012)Graeme.
I have asked Graeme to come onto the podcast to discuss cohabitation law in England and Wales, the House of Commons Women and Equalities Committee report, the Government’s reaction to the report and what happens next…
International Relocation for Children - Peter Burgess
In today's episode Melanie is joined by Peter Burgess, family law solicitor, mediator and one of the founding partners of Burgess Mee in London. Pete's practice encompasses all aspects of high net worth family law – from prenuptial agreements to trusts, and private children matters to capacity issues.
In this episode Pete and Melanie focus on the complex subject of international relocation for children. Post Brexit and Covid many international families are finding themselves between two jurisdictions with one parent relocating whilst the other cannot or does not want to leave England. Together they discuss the problems lawyers often face running such cases and what their clients can do to prepare.
Melanie Bataillard-Samuel - MBS Family Law
Peter Burgess - Burgess Mee Family Law
EDI
Before the summer Melanie had the pleasure of interviewing the Co-Chairs of Resolution’s Equality, Diversity & Inclusion Committee – Remyhs Baker and Yanoulla Kakoulli.
Our regular listeners will remember Remyhs from previous episodes. Remyhs is an associate Solicitor at Pinney Talfourd specialising in dealing with financial provision, private children matters, divorce, grandparent/family applications for contact as well as domestic abuse work, including obtaining injunctions.
Yanoulla is a senior solicitor with Judge & Priestly specialising in all issues relating to children work including relocation cases, specific issue orders and contact and residence disputes. She also advises and acts on a variety of Family Law matters relating to divorce and finances work.
In this episode Melanie discusses EDI, what it is, why it’s important both our family law practices and our clients and what we should know. We cover only a small part of the work Resolution’s EDI Committee are doing so don’t hesitate to contact Melanie, Remyhs, Yanoulla or Resolution if you want to know more.
Melanie's profile - Melanie Bataillard Samuel - MBS Family Law
Remyhs’s profile - Remyhs Baker - Pinney Talfourd Solicitors
Yanoulla’s profile - Yanoulla Kakoulli (judge-priestley.co.uk)
Resolution - Equality, Diversity & Inclusion Committee | Resolution
Transparency with Lucy Reed
We’re back for Season 2 of Family Law & Lattes!
The first guest of this new season is family law barrister and commentator Lucy Reed of 36 Family in London and St John’s Chambers in Bristol. Lucy is very active in the family law community as a speaker, trainer, member of various committees and Chair of the Transparency Project. Which is handy since Lucy and I will be discussing the hot topic of transparency in family justice in this episode.
‘Transparency’ is a term that has cropped up with increasing frequency recently, culminating with a recent review from which the family courts will be implementing recommendations. So what is it, what are the courts trying to do and what do we, as practitioners, need to be aware of….?
Follow Lucy on Twitter at @Familoo and her excellent blog Pink Tape About / Pink Tape
A Practical Guide to Practice Direction 12J and Domestic Abuse in Private Law Children Proceedings
In this week's episode I am joined by Malvika Jaganmohan and Rebecca Cross of St Ives Chambers in Birmingham. They are the co-authors of the book ‘A Practical Guide to Practice Direction 12J and Domestic Abuse in Private Law Children Proceedings’ published by Law Brief Publishing which we will be referencing today. It’s a very helpful ‘everyday guide’ for family law practitioners on the treatment of domestic abuse allegations in private children law proceedings. With some 40% of the 55,253 private law applications launched in 2019/2020 involving allegations of domestic abuse this really is an area of family law that all family law practitioners will at some point become involved with. Understanding PD12J and how is interacts with domestic abuse in private law children proceedings is important.
(Almost) Anything But Family Court
Today Melanie is joined by Jo O’Sullivan, Bob Grieg and Rebecca Giraud. Bob & Rebecca run Only Mums & Dads, the national online support and signposting service for parents who are going through or have ben through separation / divorce. The best introduction to Jo is from her Twitter profile - Peacemaking family lawyer accredited mediator nationally recognised collaborative practitioner.
Together we discuss their latest collaboration, a wonderful new book aimed at helping separating/divorcing parents gain an understanding of the different types of 3rd party help that is available to support them during the separation/divorce process. As their introduction says, “for some parents, court is an essential intervention: for many it is not.”.
If you’d like to know more about this great resource, you can find the book here (Almost) Anything But Family Court - OnlyDads
Melanie Bataillard-Samuel MBS Family Law mbsfamilylaw.com
Affordable Advice via Advice Now - Mary Marvel
In today's episode Melanie is joined by Mary Marvel, Head of Communications and Deputy CEO of Law for Life, a charity dedicated to ensuring everyone has the knowledge, skills and confidence that they need to secure access to justice. LFL run the award winning Advicenow website, deliver community-based training and other educational programmes and engage in research and policy.
Together we're discssing the 'Affordable Advice Service', a joint project run by Resolution and Law for Life that aims to help litigants-in-person who need help with financial or children matters after a divorce by offering people a blend of guidance from Law for Life’s Advicenow website, coupled with legal advice from Resolution family lawyers when they need it most. It is aimed at those who wouldn’t otherwise be able to afford legal advice, and in the current extraordinary circumstances facing the country, family lawyers may wish to signpost the service to those they are unable to help directly themselves.
If you'd like to get involved please contact Mary on mary.marvel@lawforlife.org
Affordable Advice Service -
https://www.advicenow.org.uk/lawforlife/blog/affordable-advice
https://resolution.org.uk/news/affordable-advice-pilot-scheme-launched/
Advice Now - https://www.advicenow.org.uk/divorce
Resolution - https://resolution.org.uk/
Sir James Munby - Part 2
Happy 1st Birthday to Family Law & Lattes!!!
Our 21st guest is Sir James Munby - previously a barrister, Judge and President of the Family Division. In this episode I've taken advantage of having Sir James as my guest to discuss a whole raft of family law related matters and seek his thoughts and guidance. We cover transparency in the courts, privatisation of family law, HMCTS and technology, amongst other things.
It's a long episode so we've split it into two parts - an interview to be enjoyed over two coffee breaks...
Sir James Munby - Part 1
Happy 1st Birthday to Family Law & Lattes!!!
Our 21st guest is Sir James Munby - previously a barrister, Judge and President of the Family Division. In this episode I've taken advantage of having Sir James as my guest to discuss a whole raft of family law related matters and seek his thoughts and guidance. We cover transparency in the courts, privatisation of family law, HMCTS and technology, amongst other things.
It's a long episode so we've split it into two parts - an interview to be enjoyed over two coffee breaks...
French Matrimonial Regimes and Marriage Contracts - Charlotte Kibler
Together they look at family law in France and in particular the concept of matrimonial regimes and marriage contracts.
Cultural Nuances - Amanda Adeola
In today's episode Melanie is joined by Amanda Adeola, a family law Partner at BHP Law.
Amanda is an advocate for diversity and change in the profession and is also a supporter of aspiring lawyers as well as young lawyers in the region. She is also a member for the Resolution's Equality, Diversity and Inclusion Committee.
Together they'll be discussing the complexities and importance of cultural nuances in family law matters.
Building your Team - Pennywise Consultants
This is the third our "Building Your Team" series and we're joined by Alison Porter of Pennywise Consultants. Pennywise Consultants are financial lifestyle analysts who specialise in creating and challenging lifestyle and household budgets. Their service is used to help clients figure out how much they will need to finance their personal life, children, pets and property and are frequently used during financial remedy proceedings or as part of financial planning.
Support Through Court
For the first episode of 2022 we're doing things a little differently. Today's guest is Georgina Sheeran, service manager at the invaluable UK legal charity Support Through Court. We'll be discussing with Georgina the work of Support Through Court in supporting people who have to represent themselves in court. Their aim is to "reduce the disadvantage of people facing the civil and family justice system without a lawyer and enabling them to access justice".
Creating your Team - Divorce Coaches
For the second episode is our 'Building Your Team' series we're joined by Tom Nash aka Mr Divorce Coach, an internationally certified and specialist divorce, separation and family coach. We'll be looking at divorce coaching, what it is, how it works and how it can help your clients.
Prevention & Avoidance of Disposition of Assets/ Section 37 of the MCA
We are pleased to welcome back Max Turnell of 1 Kings Bench Walk for the second episode in our series looking at Trusts in family matters. Max will be looking prevention and avoidance of disposition of assets and Section 37 of the MCA.
Building your team - Financial Planners
In this episode Melanie is joined by Tamsin Caine, Chartered Financial Planner at Smart Divorce, the specialist financial advice group for people facing divorce.
This is the first in our 'building your team' series in which I meet with the different family law professionals that make up our clients' 'family law' team'.
Occupation Orders
Today Melanie is joined by Remyhs Baker, a family law solicitor at Pinney Talfourd in Brentwood. Remyhs specialises in all aspects of separation including financial provision and private children matters. She has had extensive training in domestic abuse work, including obtaining injunctions. Together they discuss the ins and outs of Occupation Orders and how to make a successful application.
Issues with Capacity in Family Law
Introduction into Swiss Family Law
In this episode Melanie is joined by our very first guest on Family Law & Lattes, Roxane Reiser. Roxane is a family law barrister at 1 Hare Court in London. Today Melanie and Roxane will be giving us a crash course in Swiss family law and pointing out what us English lawyers need to know about.
French Family Law
Melanie is joined by Francoise Bonnaillie-Valmorin of FBV Family Law for a briefing on all things french family law. Francoise is both a french avocat and an english solicitor specialising in advising clients on cross border family law.
Together they'll be discussing the latest updates in french family law and what practicalities english family law practitioners need to consider when dealing in anglo-french matters.
International Adoption
Jeetesh Patel of Laurus Law returns for a second episode to discuss another of his areas of expertise - International Adoption. Together Melanie and Jeetesh consider what makes international adoption different, what the process is and what the parents wanting to bring their adopted children back to England need to be aware of.
Anglo Australian Family Matters
Today Melanie is joined by David Truex, David worked as a family lawyer at the Legal Aid Commission of Victoria but it was in his role as chair of the Family Law Section of the Law Institute of Victoria that he initiated Australia’s first family law mediation service and first lawyer specialist accreditation program. After 10 years as a legal aid lawyer in Melbourne he moved to London and established the world’s first specialist international family law firm, International Family Law Chambers. In this episode David and I will be discussing what family lawyers need to consider when dealing with Anglo Australian family matters.
Dispute Resolution: A view from Brighton
Today Melanie is joined by Jo O’Sullivan. Jo is an experienced family law solicitor at Jo O’Sullivan Family Law in Lewes and Brighton. She is a family law solicitor, mediator and collaborative lawyer. She is passionate about minimising the damage caused by separation and divorce and prides herself on helping her clients have an 'acrimony-free' divorce. In this episode Jo will be discussing the revolution she feels is happening in family law, how to keep the momentum going and what it means for lawyers and their clients.
Trusts (TOLATA)
Melanie is joined by Max Turnell, a family law barrister at 1 Kings Bench Walk in London. Max’s work includes divorce, financial remedies, disputes between unmarried couples, private and international children cases and jurisdiction disputes. He is a co-author of 1KBW on Trusts in Matrimonial Finance Proceedings and a contributor to Jackson’s Matrimonial Finance 10th Edition (with responsibility for the TOLATA chapter). In a previous life, Max held visiting lectureships in Contract Law and the Law of Trusts at King’s College London.
In this first episode Max will be explaining to Melanie why she shouldn't be afraid of TOLATA claims.
Our Family Wizard
Today Melanie is joined by James Evans, James is a professional liaison for Our Family Wizard. His role includes educating judges, barristers, solicitors, mediators and other family law professionals on the online tools that can be utilised to benefit and monitor parental communication in high conflict cases. James travels the country attending family law conferences, workshops and seminars each year.
Today James and Melanie will be discussing the co-parenting app Our Family Wizard.
Re H-N and the Court's view on PD12J
Today Melanie is joined by Emma Spruce, Emma is a family law barrister at 4 Paper Buildings in London. She has experience across the spectrum of family law, representing clients at all levels including the High Court. Emma is regularly instructed in both private and public children law and has assisted clients in cases with complex issues such as allegations of domestic abuse, internal and international relocation, implacable hostility and alienation. She also has experience of representing clients in cases with varied jurisdictional issues and in defending applications for divorce.
Together they will discuss the recent Court of Appeal case of Re H-N & Others (children) and the potential to redefine the way in which the Family Court approaches domestic abuse.
Non Molestation Orders
Today Melanie is joined by Remyhs Baker, a family law solicitor at Pinney Talfourd in Brentwood. Remyhs specialises in all aspects of separation including financial provision and private children matters. She has had extensive training in domestic abuse work, including obtaining injunctions. Together they discuss the ins and outs of Non Molestation Orders and how to make a successful application.
International Surrogacy
Family Law After Brexit
Today Melanie is joined by Roxane Reiser, family law barrister at 1 Hare Court in London. Roxane specialises in cross border divorce and financial remedy proceedings and frequently deals with cases involving issues of jurisdiction, recognition and enforcement. Together they discuss the thorny issue of family law after Brexit.