Tuesday, August 14, 2012

News Update: 14th August 2012

WELCOME to the Family Lore News Update.

Parents who believe in miracles 'torturing' dying children, doctors warn
Terminally ill children are subjected to needless suffering amounting to “torture” by parents who refuse to allow the withdrawal of treatment because of their religious beliefs, leading doctors have claimed. Full story: The Telegraph. See also this story about a recent case in the High Court.

Lord Justice Thorpe requests practitioners’ assistance with relocation research project
Lord Justice Thorpe has written to family law solicitors and barristers, requesting their assistance with a research project into relocation disputes in England and Wales. His letter can be found on Family Law Week.

Second Family Drug and Alcohol Court gets green light
The second Family Drug and Alcohol Court in the country is to be set up in Gloucestershire with the backing of the county council, NHS Gloucestershire and Her Majesty's Courts and Tribunals Service, reports Local Government Lawyer.

Care applications continue their upward trend
Care application demand has remained at a very high level, Cafcass reports. Between April and July 2012 Cafcass received a total of 3,519 applications. This figure is 8.3% higher when compared to the same period last year. Full story: Family Law Week. The care demand graph can be found here.

Guru to the stars in court over 'common law divorce'
A new-age guru to the stars is being sued by the mother of his child in a unique bid to secure a "common law divorce" payout, reports The Telegraph.

Councils left homeless boy, 16, to sleep in tent
Failures by two councils led to a homeless 16-year-old boy being forced to spend nine months living in a tent and having to sell his belongings to survive, an inquiry has found. Kent County Council and Dover District Council have been criticised by local government ombudsman Anne Seex for their "inexcusable" handling of the teenager's case. Full story: The Telegraph.

Child adoptions in England and Wales: how many are adopted, how old and were they born inside marriage?
According to the latest figures published by the Office for National Statistics, the number of adoptions in England and Wales in 2011 was 4,734, an increase of 6% since 2010 when there were 4,481 adoptions. Full story: The Guardian.

The Family Procedure (Amendment No. 3) Rules 2012
These Rules make some minor amendments to the Family Procedure Rules 2010 and come into force on the 30th September. They can be found here.

N (A Child) [2012] EWCA Civ 1086 (11 July 2012)
Appeal claiming that the court had jurisdiction under the High Court's inherent jurisdiction to make orders in relation to a child, who is a British subject, notwithstanding the fact that that child is now present and habitually resident in another jurisdiction. Appeal dismissed. Full report: Family Law Week.

B (Children) [2012] EWCA Civ 1082 (5 July 2012)
Children Act Sch. 1 application by mother. Application for permission to appeal against decision that the mother was habitually resident within this jurisdiction. Application refused. Full report: Family Law Week.

Dukali v Lamrani: a cautionary tale on how the courts define marriage
Dr John Fox and Eleanor Fletcher, both barristers at Lamb Building, consider the lessons to be learned from the court’s approach to determining the validity of the parties’ marriage in Dukali v Lamrani. Full article: Family Law Week.

Finance and Divorce August 2012 Update
Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse July’s financial remedies and divorce news and cases. Full article: Family Law Week.

Court of Protection update
The latest Court of Protection Newsletter from Thirty Nine Essex Street an be found here.

What happens when the validity of a marriage is questioned?
When is a marriage a marriage? Can it be a legal marriage if it didn’t begin as one? When is a marriage void? Or, if it is not a void marriage, when is it a non-marriage? Marilyn Stowe provides the answers in this post.

Hobson’s choice – voluntary or compulsory removal of a child?
A discussion of Re CA (A Baby) [2012] EWHC 2190 (Fam) (30 July 2012), from The Not So Big Society.

Acting for other solicitors
"Lawyers instructing their peers in divorce proceedings should remember that family 
litigation is based on more flexible principles and with a different type of objective 
than other disputes", says Marilyn Stowe.

“When they begin, to intervene…”
Another post with an excruciating title from suesspiciousminds (he does apologise), in which he discusses two important cases on interveners in fact-finding hearings, or “Re T for two”.

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