Monday, March 18, 2019

News Essentials: 18th March 2019


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

NEWS
Commons approves amendments to Civil Partnerships Bill
Regulations to be introduced by end of year. Full story: Family Law Week.

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge
Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said. Full story: Local Government Lawyer.

No parental role for father who was part of ‘predatory’ group that sexually abused teen
A teenage girl groomed and sexually exploited by a group of “predatory men” is embroiled in family court litigation after giving birth. Full story: Care Appointments. See P (Notice of care proceedings to father without parental responsibility), below.

Judge uses ‘plain English’ text to explain decision to woman with learning difficulties
A family court judge has used plain English in a bid to help a woman with learning difficulties understand why a baby must be taken from her care. Full story: Care Appointments. See Re L, below.

Master grants Inheritance Act application made 25 years out of time
The High Court has granted permission to bring a claim under the Inheritance Act – despite it being issued some 25 years and nine months after the deadline for doing so. Full story: Law Society Gazette.

CASES
Downes v Downes & Anor [2019] EWHC 491 (Ch) (13 March 2019)
The Claimant claimed that he was the sole beneficial owner of three properties and sought declarations to that effect, orders that they be transferred into his sole name and consequential relief. His claims were successful. Full report: Bailii, via Family Law Hub.

M v F (Appeal : Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)
Cross applications by father for child arrangements order and by mother for non-molestation order. Application by mother for permission to appeal in relation to fact-finding hearing. Permission refused. Full report: Bailii.

P (Notice of care proceedings to father without parental responsibility) [2019] EWFC 13 (11 March 2019)
Care proceedings. Application by local authority for the requirement to serve Form C6A upon father to be disapplied. Application allowed. Full report: Bailii.

X and Y (Delay : Professional Conduct of Expert) [2019] EWFC B9 (11 March 2019)
Short judgment in care proceedings to address concerns relating to the professional conduct of the medico-legal expert instructed to prepare reports in respect of the children. Full report: Bailii.

L (special guardianship order), Re [2019] EWFC B7 (28 February 2019)
Care proceedings concerning one year old child. Special guardianship order made in favour of maternal grandfather's niece. 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, March 11, 2019

Financial Remedies Practice (2019): The essential, specialist reference for all family financial remedy practitioners


Financial Remedies Practice, 2019 Edition

The @eGlance Guide

£89.95 - Published by Class Legal: March 2019

Financial Remedies Practice is firmly established as the essential, specialist reference for all family financial remedy practitioners.

Cited and used in courts every day, this unique book combines in a single portable volume authoritative Commentary on financial remedies practice and procedure together with the full and up-to-date text of the relevant Family Procedure Rules and Practice Directions.

The Commentary is written by the team responsible for both At A Glance and @eGlance so you can be confident that the guidance is current, trusted and insightful.

Crucially, and unlike other books on the topic, Financial Remedies Practice provides unrivalled coverage of myriad decisions and developments under the CPR that now mirror many of the key aspects of financial remedies practice, such as injunctions, relief from sanctions, costs and general case management.

This 8th edition has been revised and rewritten to incorporate developments from the last 12 months. Crucial changes include the emergence of two sets of Family Procedure (Amendment) Rules, allowing for the anticipated recalibration of the former ‘Shorter Procedure’ to the new ‘Fast Track’ and the President's announcement that the ‘Financial Remedies Courts’ scheme will be extended to other regions.

Key cases from the last 12 months, including De Gafforj v de Gafforj (Appeal: Hadkinson Order) [2018] and Barton v Wright Hassall [2018] are also analysed in the comprehensively rewritten Commentary.

The book is supplemented by an online version at familyprocedure.com which includes the full text of the Commentary linked to the primary sources cited so that you can easily find the relevant case and statutes direct from the Commentary.

This breadth of coverage and the expertise of the authors means that Financial Remedies Practice should be on the shelf in every family law library.

Financial Remedies Practice is available from Class Legal, here.

News Essentials: 11th March 2019


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

NEWS
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union. Statutory Instrument.

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies (in particular paragraph g of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. Statutory Instrument.

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the United Kingdom from the European Union. Statutory Instrument.

HMCTS extends court modernisation programme by a year
HM Courts and Tribunals Service (HMCTS) has put back completion of the court modernisation programme by a year to 2023, it announced yesterday. Full story: Legal Futures.

High Court rejects evidence from law firm ‘whistleblower’
The president of the family division has rejected a wife’s application to admit the statement of a ‘whistleblower’ inside her former husband’s legal team who sent the court privileged information. Full story: Legal Futures.

James Bulger's father loses Jon Venables identity challenge
The father of James Bulger has lost a legal challenge to try to change a lifelong anonymity order for one of his son's killers. Full story: BBC News. See report, below.

Supreme Court grants permission to appeal in Villiers v Villiers
Case concerns jurisdiction between England and Wales, and Scotland in maintenance proceedings. Full story: Family Law Week.

CASES
B (A Child : Post-Adoption Contact) [2019] EWCA Civ 29 (30 January 2019)
Appeal by parents against refusal of application for post-adoption contact. Appeal dismissed. Full report: Bailii.

S (A Child : Hague Convention 1980 : Return To Third State) [2019] EWCA Civ 352 (07 March 2019)
Appeal against order that child be returned to Hungary, despite being habitually resident in Germany. Appeal allowed. Full report: Bailii.

Q (Child: Interim Care Order: Jurisdiction), Re [2019] EWHC 512 (Fam) (07 March 2019)
Judgment considering issue of whether an interim care order can persist after the subject child reaches their seventeenth birthday. Full report: Bailii.

Wodehouse v Wodehouse [2018] EWCA Civ 3009 (29 November 2018)
Appeal against lump sum order made against third party. Appeal allowed, on basis that court had no jurisdiction to make order. Full report: Bailii.

Venables & Anor v News Group Papers Ltd & Ors [2019] EWHC 494 (Fam) (04 March 2019)
Application to vary anonymity injunction in relation to the person formally known as Jon Venables. Application 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.

Sunday, March 10, 2019

New by me last week on the Stowe Family Law Blog


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

Ministry of Justice announces grants to support domestic abuse victims - As usual, the government takes a pound and expects us to feel grateful when it gives back pennies...

Private FDRs: a good idea, but sadly not for all - Our two-tier family justice system gathers pace.

Procedure where permission required to make children application - That is, an application for leave following the making of a s.91(14) order, as in the case P & N.

Enjoy the rest of your weekend.

Monday, March 04, 2019

News Essentials: 4th March 2019


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

NEWS
Ministry of Justice grant to support victims of domestic abuse in family courts
Government has awarded £900,000 to organisations based in some family courts to provide in-court support to victims of domestic abuse. Full story: Ministry of Justice.

Sick girl to be treated against parents' wishes, judge rules
Doctors should treat a sick 13-month-old girl and give her a "chance" at life against the wishes of her parents, a High Court judge has ruled. Full story: BBC News. See Manchester University Hospital NHS Foundation Trust v M & Anor, below.

Judiciary pulls back on ban for fee-charging McKenzie Friends
While “deeply concerned” about the growth in fee-charging McKenzie Friends, the judiciary has failed to decide whether they should be banned – three years after consulting on doing just that. Full story: Legal Futures.

CASES
Manchester University Hospital NHS Foundation Trust v M & Anor [2019] EWHC 468 (Fam) (27 February 2019)
Application by NHS Trust in relation to the treatment of a 13 month old child born with end stage renal failure. Full report: Bailii.

Southend-On-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) (20 February 2019)
Application by local authority for declarations that they had discharged their obligations to a 98 year old man, in relation to his accommodation. Full report: Bailii.

P & N (Section 91(14): Application for Permission To Apply: Appeal) [2019] EWHC 421 (Fam) (27 February 2019)
Appeal by mother against order granting leave to father to apply for child arrangements order, following making of s.91(14) order. appeal allowed. Full report: Bailii.

Saxton v Bruzas [2018] EWHC 3879 (Fam) (19 December 2018)
Application by wife to set aside consent order, alleging perjury and perverting the course of justice by husband and his legal team, following disclosure of documents by "whistle blower" on H's legal team. Full report: Bailii.

MF, Re [2018] EWHC 3841 (Fam) (17 December 2018)
An order which ordered the wife to pay £20,000 towards the husband's costs after the breakdown of the marriage was left undisturbed as the order was not outside the spectrum of reasonable decisions that might have been made. Full report: Bailii, via Family Law Hub.

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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, February 25, 2019

News Essentials: 25th February 2019


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

NEWS
Care proceedings should not omit assessment of wider family ‘on parents’ say-so’, judge rules
Court rejects father's attempt to keep existence of children hidden from his family in adoption case. Full story: Community Care.

Domestic violence and abuse: help from DWP
A guide for domestic violence and abuse victims about services from the Department for Work and Pensions (DWP). Full story: Department for Work and Pensions.

Grandparents win child custody after council fail to set out risk with ‘sufficient clarity’
A couple who have cared for their six-year-old grandson since he was born have won a family court fight after council social services bosses said he should be taken from them. Full story: Care Appointments. See C (Interim threshold not crossed), below.

Country's biggest regional divorce centre hit by record delays
Delays at the country’s biggest regional divorce centre reached unprecedented levels in 2018, figures obtained by the Gazette have revealed. Full story: Law Society Gazette.

CASES
Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206 (21 February 2019)
Appeal by father against finding made in care proceedings that he had sexually abused his daughter. Appeal dismissed. Full report: Bailii.

A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 (21 February 2019)
Hearing considering capacity and best interests decisions in relation to a young man with a learning disability, including residence, contact (with family and others), his care arrangements, his property and financial affairs, his capacity to consent to sexual relations, and his internet and social media use. Full report: Bailii.

X (A Child)(Head injury finding of fact), Re [2018] EWHC 3883 (Fam) (16 November 2018)
Care proceedings. Fact-finding hearing to determine who caused injuries to the child. Full report: Bailii.

K (Children), Re [2019] EWCA Civ 184 (19 February 2019)
Care proceedings. Appeal by father against finding that he had sexually abused his daughter. Appeal dismissed. Full report: Bailii.

C (Interim threshold not crossed) [2019] EWFC B5 (15 February 2019)
Application for an interim care order in relation to a six year old boy. Application dismissed. 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.

Monday, February 18, 2019

News Essentials: 18th February 2019


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

NEWS
Council did not do enough to protect toddler from harm: Ombudsman
Child left with life-long injuries after opportunities missed to protect him. Full story: Family Law Week.

Girl must live with stranger instead of grandparents, judge rules
Croydon family court judge says blood relationship ‘powerful’ but not ‘definitive’. Full story: The Independent. See C (A Child), below.

Family Drug and Alcohol Courts backed by private donors
A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care. Full story: BBC News.

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
The amendments remove provision in the FPR and COPR which relates to powers, processes and orders under EU instruments or international agreements which will no longer be applicable or available when those instruments or agreements are revoked by the Withdrawal Act or the statutory instruments made under it, or in some cases amend such provision where such instruments are retained in an amended form. Statutory Instrument.

CASES
L-W Children [2019] EWCA Civ 159 (14 February 2019)
Care proceedings. Appeal by mother against finding that she had failed to protect children. Appeal allowed. Full report: Bailii.

Re E (Abduction Article 13B Deferred Return Order) [2019] EWHC 256 (Fam)
Application by father for summary return to Spain of child subject to care proceedings. Application dismissed. Full report: Family Law Week.

C (A child : care and a placement order) [2018] EWFC B87 (23 November 2018)
Care and placement proceedings in respect of a child born in 2017. Special guardianship order made in favour of mother's friend. Full report: Bailii.

S (Care plans in discharge applications), Re [2018] EWFC B88 (01 November 2018)
Applications by parents to discharge care orders in relation to four children, the parents having made 'extraordinary progress' since the orders were made. 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.