News Essentials: 15th July 2019

A brief summary of the essential family law news and cases from the last week:

NEWS
Heterosexual couples may be allowed to convert marriages to civil unions
Ministers in England and Wales are considering how to extend civil partnerships. Full story: The Guardian.

Hale risks political storm by questioning legislation before parliament
The president of the Supreme Court has taken the constitutionally unusual step of publicly criticising a bill that is making its way through parliament. Full story: Law Society Gazette.

CASES
O'Dwyer v O'Dwyer [2019] EWHC 1838 (Fam) (12 July 2019)
Appeal by husband against spousal maintenance order, on the basis that the judge was wrong to identify the income stream of a business as matrimonial property. Appeal allowed. Full report: Bailii.

AB (Termination of Pregnancy), Re [2019] EWCA Civ 1215 (11 July 2019)
Appeal against order that would have allowed the termination of the pregnancy of a 24-year-old woman with moderate learning disabilities. Appeal allowed. Full report: Bailii.

X v Y (Permission to Appeal) [2019] EWHC 1713 (Fam) (03 July 2019)
Application by father for permission to appeal against financial remedies order. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

New by me this week on the Stowe Family Law Blog

My posts this week on the Stowe Family Law Blog included:

The new Guide to the Treatment of Pensions on Divorce, and why it is needed - As the title says.

Hard talking with Lady Hale - Lady Hale's interview on the BBC HARDtalk programme.

A few thoughts on the recommendations of the Private Law Working Group - A quick look at some of their proposals for reform of the CAP.

Sir James Munby laments the state of the Family Court - In his recent speech at the Bloomsbury Publishing Family Law Conference.

Have a good weekend.

News Essentials: 8th July 2019

A brief summary of the essential family law news and cases from the last week:

NEWS
Consultation: Children Cases in the Family Court – Interim Proposals for Reform
President of the Family Division launches public and private law consultation. Full story: Courts and Tribunals Judiciary.

New good practice guide addresses shortfall in understanding of how to treat pensions on divorce
An essential guide to the treatment of pensions on divorce has been published today by the Pension Advisory Group. The long awaited report brings guidance to family judges, lawyers and pension experts encouraging fairer settlements and helping to manage liability. Full story: Nuffield Foundation.

CASES
W-P (Children) [2019] EWCA Civ 1120
This case concerns an appeal by the mother against special guardianship orders that were made in respect of her two sons, L (10) and A (9) in favour of their paternal grandparents. Full report: Family Law Week.

Gray v Hurley [2019] EWHC 1636 (QB) (25 June 2019)
Judgment in Queen's Bench Division providing international family lawyers with a meticulous overview on establishing forum. A claim issued first elsewhere in the world, may not of itself be determinative. World-wide assets were brought under the overarching jurisdiction of the High Court. The sophisticated construct of trust claims engaged specific Articles. Full report: Bailii, via Family Law Week.

J (Children: Relocation) [2018] EWCA Civ 1372 (08 May 2018)
Application by mother fort permission to appeal against refusal of application to relocate with children to Ukraine, and appeal by father against order allowing the mother to return temporarily to Ukraine with the children. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

My posts this week on the Stowe Family Law Blog

My posts this week on the Stowe Family Law Blog included:

“As a matter of justice, everything must be conducted openly” - But it wasn't in the recent case SC v TC.

A closer look at the latest Family Court statistics - As the title says.

Court orders that child of Jehovah’s Witness should have blood transfusion - In the case Cardiff and Vale University Health Board v T (A Minor) (Urgent Blood Transfusion).

Adjudicating the length of a marriage - As in the recent High Court case MB v EB.

Have a good weekend.

News Essentials: 1st July 2019

A brief summary of the essential family law news and cases from the last week:

NEWS
Family Court Statistics Quarterly: January to March 2019
Quarterly data on the volume of cases dealt with by family courts over time, with statistics also broken down for the main types of case involved. Full story: Ministry of Justice.

Judges overturn 'forced abortion' ruling
A woman has won an appeal against a court ruling that would have seen her mentally ill daughter forced to have an abortion. Full story: BBC News.

Man who refused to register son's birth loses high court case
Father said he did not want his baby to be controlled by the British state. Full story: The Guardian.

CASES
MB v EB [2019] EWHC 1649 (Fam) (25 June 2019)
Preliminary hearing in financial remedy proceedings to determine: i) the length of the marriage between the parties; ii) the impact of a separation agreement entered into in 2011; and iii) whether there was any marital acquest. Full report: Bailii.

SC v TC [2019] EWHC 1637 (Fam) (14 March 2019)
Appeal against order moving residence of child to father. The appeal was allowed, as the hearing was flawed due to there having been direct communication between the Judge and the solicitor at NYAS and others, without the knowledge of either parent. Full report: Bailii.

Z (care orders : designated local authority), Re [2019] EWFC B30 (11 June 2019)
Care proceedings concerning four children, in which the issue arose as to which local authority should be the designated local authority. Full report: Bailii.

C (Children) [2018] EWCA Civ 900 (07 March 2018)
Appeal by local authority against decision as to designated local authority in care proceedings. Appeal allowed. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

New by me this week on the Stowe Family Law Blog

My posts this week on the Stowe Family Law Blog included:

Is the Divorce Bill a “euthanasia programme for marriage”? - As suggested by a Director of The Christian Institute.

Divorce Bill entirely consistent with research - Which is good, seeing as it had its second reading this week.

You’re entitled to your own beliefs, but don’t expect the court to follow them - The unusual case Re T (A Child).

An update on Financial Remedies Courts - As provided by Mr Justice Mostyn.

Have a good weekend.

News Essentials: 24th June 2019

A brief summary of the essential family law news and cases from the last week:

NEWS
McFarlane tells family lawyers: don't do more than a full day's work
Tweets highlighting unreasonable judicial behaviour are likely to be referred to local leadership judges, the president of the family division has warned, after reading two social media posts last weekend about judges. Full story: Law Society Gazette.

Family Justice Panel update
Panel members confirmed to steer call for evidence on how the family courts protect children and parents in cases of domestic abuse and other serious offences. Full story: Ministry of Justice.

Divorce, Dissolution and Separation Bill: What does research tell us?
The Nuffield Foundation has published a new briefing note, authored by Professor Liz Trinder, ahead of the second reading of the Divorce, Dissolution and Separation Bill which is scheduled in the House of Commons on Tuesday 25 June. Full story: Nuffield Foundation.

Extension of the Financial Remedies Courts project to 8 new zones is a success
Today, Wednesday 19th June 2019, a press release was issued from the Judiciary of England and Wales, written by Mr Justice Mostyn acting as the National Lead Judge for the Financial Remedies Courts project. Full story: Class Legal.

President issues guidance on forms of order in children cases
The President of the Family Division, Sir Andrew McFarlane, has published guidance on Forms of Orders in Children Cases, for judicial and practitioner's information. Full story: Family Law Week.

Campaigners call for shared parenting presumption in the law
Campaigners for shared parental rights have called for a presumption in law that children will spend roughly equal time with their parents following a separation or divorce, after a YouGov survey suggested the majority of the public agrees. Full story: Law Society Gazette.

CASES
SD v AFH (Appeal: Coercive and controlling behaviour: Inference or speculation) [2019] EWHC 1513 (Fam) (13 June 2019)
Application by father for permission to appeal against findings of coercive and controlling behaviour in private law proceedings. Permission refused. Full report: Bailii.

T (A child), Re [2019] EWHC 1572 (Fam) (12 June 2019)
Care proceedings in which the issue arose as to the registration of the child's birth, the father being fundamentally opposed to registration. Full report: Bailii.

NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction) [2019] EWCA Civ 1065 (18 June 2019)
Mother's appeal from order requiring the summary return of child to Israel. Appeal dismissed. Full report: Bailii.

M (Deprivation of Liberty in Scotland) [2019] EWHC 1510 (Fam) (17 June 2019)
Judgment concerning deprivation of liberty of 13 year old girl currently accommodated in a placement in Scotland. Full report: Bailii.

London Borough of Wandsworth v Lennard [2019] EWHC 1552 (Fam) (14 June 2019)
Application by local authority to commit defendant for alleged breach of order prohibiting him from harassing employees of the local authority. Full report: Bailii.

*      *      *

For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

My posts this week on the Stowe Family Law Blog

My posts this week on the Stowe Family Law Blog included:

A closer look at the new Divorce, Dissolution and Separation Bill - As the title says.

Committee recommends strengthening of Domestic Abuse Bill - Looking at the report of the  Joint Committee on the Government’s draft Domestic Abuse Bill.

Lessons for all from a contempt case - The case being London Borough of Wandsworth v Lennard.

Equal parenting time presumption: the idea that won’t go away - But is it a good idea?

Have a good weekend.

News Essentials: 17th June 2019

A brief summary of the essential family law news and cases from the last week:

NEWS
Draft Domestic Abuse Bill report published by Joint Committee
Greater protection needed for victims of domestic abuse. Full story: Family Law Week.

End to divorce ‘blame game’ moves closer
Biggest shake up of divorce laws in 50 years aimed at reducing conflict and supporting children and families. Full story: Ministry of Justice.

Expected implementation date for DoLS replacement model announced by care minister
Liberty Protection Safeguards due to come into force in October 2020, though existing Deprivation of Liberty Safeguards authorisations will remain in place until they expire. Full story: Community Care.

CASES
A Child (Threshold: Inflicted Injury and Domestic Abuse) [2019] EWHC 1511 (Fam) (21 May 2019)
Judgment in care proceedings principally dealing with issues relating to the responsibility for the causation of injuries to child, and to determine the extent to which the mother failed to protect him. Full report: Bailii.

B v A Local Authority [2019] EWCA Civ 913 (11 June 2019)
Appeal against order making various declarations as to the mental capacity of 31 year old woman with learning difficulties, epilepsy and considerable social care needs. Full report: Bailii.

*      *      *

For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

My posts this week on the Stowe Family Law Blog

My posts this week on the Stowe Family Law Blog included:

Another code for solicitors dealing with children disputes could be a bad thing - I explain why.

The mental effects of domestic abuse - Looking at the recent research carried out by Birmingham University.

Wife cannot make claim against property after previously failing to pursue claim - The case Chaudhri (Shafi) v Shafi & Anor.

Return order after finding father violent towards children breached human rights - The ECHR case OCI and others v Romania.

Have a good weekend.