Monday, May 20, 2019

News Essentials: 20th May 2019


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

NEWS
Mental Capacity (Amendment) Act 2019 becomes law
The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May and became law on that day. Full story: Family Law Week.

Theresa May rejects calls from 120 MPs for public inquiry into family courts after four children murdered by abusive parents
Prime minister says government believes formal probe into child deaths not 'necessary'. Full story: The Independent.

Voices of children overlooked in family courts, says ex-head
Family courts in England and Wales are not properly accommodating children's voices and needs because the government has suggested "it would all cost too much", their former head has said. Full story: BBC News.

Judge raises concern about media coverage of Court of Protection case
A judge in a specialist court who is considering whether a mentally ill woman is still able to consent to make love with her husband of more than 25 years has raised concern about media coverage of the case. Full story: Care Appointments. See Re NB, below.

Family President to issue guidance to courts on secure accommodation placements and statutory regime
The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme. Full story: Local Government Lawyer.

Questions raised over future of divorce centres
A question mark has been raised over the future of the government’s regional divorce centres, which have been widely criticised for delays and inefficiencies. Full story: Law Society Gazette.

CASES
London Borough of Ealing v C (Children) [2017] EWCA Civ 2696 (06 July 2017)
Appeal by local authority against decision that there be no order on its application for permission to refuse contact between parents and children in foster care under care orders. Appeal allowed. Full report: Bailii.

W-C-T (Children) [2019] EWCA Civ 845 (04 April 2019)
Appeal by father against finding of fact in care proceedings concerning four children. Appeal dismissed. Full report: Bailii.

AF v SF [2019] EWHC 1244 (Fam) (01 March 2019)
Final hearing of wife's financial remedies claim, in which the husband was found to lack the capacity to litigate. Full report: Bailii.

NB, Re (Consent to sex) [2019] EWCOP 17 (07 May 2019)
Proceedings concerning issue of whether woman with learning difficulty had capacity to consent to sexual relations. 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.

Monday, May 13, 2019

News Essentials: 13th May 2019


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

NEWS
Domestic abuse: PM vows to end 'postcode lottery' for victims
Prime Minister Theresa May has vowed to end the "postcode lottery" for victims of domestic abuse. Full story: BBC News.

Latest View from the President’s Chambers sets out need for change in Public and Private Children’s Law
Latest update gives details on the Public and Private Law Working Groups, a financial remedy court update, divorce service centres and the HMCTS Reform Programme. Full story: Family Law Hub.

Video hearings tested in domestic abuse cases
Domestic abuse victims may seek injunctions more easily and with less stress as part of a test into the use of fully-video court hearings. Full story: HM Courts & Tribunals Service.

President of the Family Division releases draft guidance on reporting in the Family Courts
The President of the Family Division, Sir Andrew McFarlane, has released draft guidance, for consultation, on reporting in the Family Courts. Full story: Courts and Tribunals Judiciary.

CASES
A Local Authority v A Mother & Ors [2019] EWCA Civ 799 (09 May 2019)
Appeal by local authority against finding relating to cause of injuries, made in care proceedings concerning a baby girl. Appeal allowed. Full report: Bailii.

L (A Child) [2019] EWHC 867 (Fam) (08 April 2019)
Appeal by mother against order transferring home of child from that of mother and maternal grandmother in London to that of father and the father's new partner in Northern Ireland. Appeal dismissed. Full report: Bailii.

R (A Child) [2019] EWCA Civ 482 (15 February 2019)
Appeal against a reporting restrictions order made  at the conclusion of care proceedings in relation to a young child. 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.

Friday, May 10, 2019

New by me on the Stowe Family Law Blog, and a musical interlude



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

I am a one in ten. Or should that be four in ten? - The real lesson that the figure for couples needing the court to sort out arrangements for their children teaches us.

The reality of judicial discretion in family law - The views of Mr Justice Mostyn.

Risk of oppressive litigation as a defence in a Hague abduction case - The case being MB v TB.

Have a good weekend.

Tuesday, May 07, 2019

News Essentials: 7th May 2019


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

NEWS
Even more people set to benefit from online court reform
New legislation making it even easier for court users to apply for small money claims or divorce online was unveiled in the House of Lords today (1 May 2019). Full story: Ministry of Justice.

Children's services 'at breaking point', MPs say
Children's services in England are at breaking point and need a £3.1bn minimum funding boost by 2025, MPs say. Full story: BBC News.

Barristers can act as deputies, Court of Protection rules
Barristers can act as professional property and affairs deputies for people who lack mental capacity, although it is not seen as a legal service, the Court of Protection has ruled. Full story: Legal Futures.

CASES
T-S (Children) [2019] EWCA Civ 742 (01 May 2019)
Care proceedings concerning to three children. Appeal against welfare decision relating to middle child. Appeal allowed. Full report: Bailii.

MB v TB (Art 13 Alleged Risk of Oppressive Litigation) [2019] EWHC 1019 (Fam) (12 April 2019)
Application by father for summary return of child to Israel. Mother raised Art 13(b) defence alleging, inter alia, oppressive litigation by father in Israel. Return ordered. Full report: Bailii.

Lachaux v Lachaux [2019] EWCA Civ 738 (01 May 2019)
Appeal by wife against order recognising Dubai divorce. Appeal dismissed. Full report: Bailii.

Guest v Guest & Anor [2019] EWHC 869 (Ch) (16 April 2019)
A claim based on proprietary estoppel for a share in a family business where a son worked for 30 years at a reduced wage. Full report: Bailii, via Family Law Week.

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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.

Monday, April 29, 2019

News Essentials: 29th April 2019


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

NEWS
Boy must leave mother with 'hateful feelings' for father, judge rules
Eight-year-old has to live with father to avoid significant emotional harm, parents told. Full story: The Guardian. See the MFS case, below.

Legal aid changes to streamline family work
New approach from 19 April 2019. Full story: Family Law Week.

'Not good enough' - Munby criticises regional divorce centre errors
Days after the most senior family judge apologised to practitioners for delays and inefficiencies at the regional divorce centres, his outspoken predecessor has criticised HM Courts & Tribunals Service for being 'unable or unwilling' to resource them adequately. Full story: Law Society Gazette. See the Baron case, below.

Court of Appeal sets aside 'absurd' care decision after 'shambolic' case
The Court of Appeal has delivered an excoriating assessment of a judge’s ‘unprecedented’ summary dismissal of care proceedings at an interim procedural stage. Full story: Law Society Gazette. See H-L (Children), below.

Legal Aid Agency guidance on interpreters at court clarified
The Legal Aid Agency has revised its Guidance on Remuneration of Expert Witnesses to clarify payments for legally aided interpreters at court. Full story: Family Law Week.

Separated families population statistics: April 2014 to March 2017
Estimates of the separated families population and their child maintenance arrangements. Analysis also shows separated families with no arrangement. Full story: Department for Work and Pensions.

CASES
Giusti v Ferragamo [2019] EWCA Civ 691 (17 April 2019)
Appeal by wife against order staying her English divorce petition, and dismissing her application for a single joint expert to be instructed to provide an opinion on Italian law. Full report: Bailii.

G-L-T (Children) [2019] EWCA Civ 717 (17 April 2019)
Care proceedings. Appeal by father against finding that he had 'failed to protect' his son by failing to inform various medical professionals that he was no longer suffering from seizures or apnoea. Appeal allowed. Full report: Bailii.

Grandison & Anor v Joseph [2019] EWHC 977 (Fam) (01 April 2019)
Appeal by husband against order requiring him to transfer the legal title to 42 properties from either the joint names of the parties or the wife's name into his sole name, and obtain the release of the wife from her obligations under the mortgages on the properties. Appeal dismissed. Full report: Bailii.

H-L (Children: Summary Dismissal of Care Proceedings) [2019] EWCA Civ 704 (17 April 2019)
Appeal by local authority against summary dismissal of care proceedings. Appeal allowed. Full report: Bailii.

Baron & Ors (4 Defective Divorces) [2019] EWFC 26 (17 April 2019)
Applications by the Queen's Proctor for the setting aside of decrees in four different cases on the ground that the petitions had been presented before the expiration of the period of one year from the date of the marriage. Full report: Bailii.

H (Abduction: Retention In Non-Contracting State), Re [2019] EWCA Civ 672 (16 April 2019)
Appeal by mother against order under Hague Convention for return of child to Australia, on ground that the act relied on as constituting the alleged wrongful retention took place in a state which is not a party to the Convention. Appeal dismissed. Full report: Bailii.

MFS (Appeal: Transfer of Primary Care) [2019] EWHC 768 (Fam) (29 March 2019)
Application by mother for permission to appeal against order that child move to live with his father. Permission refused. 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.

Monday, April 15, 2019

News Essentials: 15th April 2019


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

NEWS
The implementation and delivery of the family court settlement conferences pilot: a process evaluation
Research to understand the views and experiences of professionals taking part in the settlement conferences pilot. Full story: Ministry of Justice.

Reform of the legal requirements for divorce
This report provides a summary of the feedback received through the consultation and the government’s response. Full story: Ministry of Justice.

New divorce law to end the blame game
New legislation to overhaul divorce law and reduce family conflict. Full story: Ministry of Justice.

CASES
Pierburg v Pierburg [2019] EWFC 24 (11 April 2019)
Judgment considering whether there was jurisdiction for the petitioner wife to apply for divorce in England and Wales. Full report: Bailii.

XW v XH [2019] EWCA Civ 549 (02 April 2019)
Application for a reporting restrictions order made on behalf of the Appellant wife, in advance of the hearing of her appeal in financial remedy proceedings. Full report: Bailii.

A (Children) [2019] EWCA Civ 609 (07 March 2019)
Appeal by father against dismissal of application for leave to oppose the making of adoption orders in respect of his two children. Appeal dismissed. Full report: Bailii.

H v T (Judicial Change of Mind) [2018] EWHC 3692 (Fam) (24 May 2018)
Appeal by husband against financial remedies order. Appeal dismissed, following judicial change of mind. 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.