Tuesday, December 04, 2012

News Update: 4th December 2012

WELCOME to this week's Family Lore News Update.

Commission to examine effect of legal aid cuts as demand for service surges
Low Commission will hold its first public meeting as advice centres across country start abandoning or rationing services. Full story: The Guardian.

Child abuse reporting guide aims to close divide between press and social workers
Northern Ireland Guide for media reporting is intended to be blueprint for UK. Full story: Family Law Week.

Coleridge J cleared of misconduct on pro-marriage stance
Mr Justice Coleridge has been cleared of judicial misconduct over his involvement with pro-marriage charity the Marriage Foundation, but said he would take a “lower profile” position. Full story: The Lawyer.

Councils must drive out delays in adoptions
Councils must do more to ensure children awaiting adoption are not deprived of a loving permanent family because of council delays, children’s minister Edward Timpson said. Full story: Department for Education.

Working smarter to improve child protection
Plans to allow Ofsted to share the names and addresses of children’s homes with the police and other bodies have been launched. Full story: Department for Education.

Help for separating parents at their fingertips as new web app launches. A third of children now live in separated families
For the first time, the 300,000 families undergoing separation every year in Britain will be able to get free online advice tailored to their needs. Full story: Department for Work and Pensions. You can find the app here. See also Marilyn Stowe's blog post, below.

150 firms sending divorce clients to litigation loan provider
Courts 'actively encouraging people' to get loans to reduce litigants in person. A sign of things to come? Full story: Solicitors Journal.

Marriage's decline a key cause of social breakdown, says CSJ
Family breakdown and the decline in the importance of marriage are cited by the public as key causes of the serious social problems facing Britain, according to a new opinion poll carried out by YouGov on behalf of the Centre for Social Justice. Full story: Family Law Week.

Met police launch series of dawn raids in domestic violence crackdown
Week-long campaign targeting violence within the home and hate crime has led to 264 arrests so far. Full story: The Guardian.

Ukip fostering row: senior councillor in Rotherham accuses people of 'wading in to pass judgement'
A senior councillor in Rotherham has accused people of "wading in to pass judgement" on the Ukip fostering row without "any real knowledge" of the case. Full story: The Telegraph. See also this post on The Not So Big Society, which poses the question: Will Nigel Farage and Michael Gove now apologise? Don't hold your breath...

Alyami v Musallam [2012] EWCA (28 November 2012)
Wife ordered to pay £50,000 towards husband's costs of £500,000. Husband appealed. Appeal dismissed, on the basis that the husband's costs had been disproportionate to the issues at task. Report: Family Law.

W v C [2012] EWHC (23 November 2012)
Wife's application to re-open consent order allowed, on the basis of non-disclosure by the husband. Report: Family Law.

Re J-L (Findings of Fact: Schedule of Allegations) [2012] EWCA (29 November 2012)
Allegations against mother in schedule unproven, but judge made other findings against mother. Appeal by mother allowed. Report: Family Law.

Bar'yudin v Pilipenko [2012] EWCA Civ 1524 (25 October 2012)
Appeal against warrant of possession and committal order made in proceedings to enforce order for ancillary relief. Appeal dismissed. Full report: Family Law Hub. See also this post on the Marilyn Stowe Blog.

Re W (Contact Order: Revocation of Direct Contact) [2012] EWCA (15 November 2012)
Appeal by father against order that he have no direct contact for the foreseeable future, in view of his behaviour. Appeal dismissed. Report: Family Law.

Re L (Child Abduction: Declaration) [2012] EWHC 1234 (Fam) (19 April 2012)
Mother unlawfully retained child in Kansas. Application by father for a declaration as to the habitual residence of the child. Declared that the child was habitually resident in England and Wales. Full report: Family Law Week.

N (A Child) [2012] EWCA Civ 1563 (31 October 2012)
Appeal against care and placement orders on the grounds that the judge effectively heard no submissions from the parents as to the merits of the case. Appeal allowed. Full report: Family Law Week.

K (Children), Re [2012] EWCA Civ 1549 (29 November 2012)
Appeal by mother and stepfather against interim care order removing the child from their care and placing him with the maternal grandparents, and a special guardianship order made in favour of the maternal grandparents. Appeal dismissed. Full report: Bailii. See also the post by suesspiciousminds, below.

Re M (Oral Evidence: Vulnerable Witness) [2012] EWCA (21 November 2012)
Fact-finding hearing. Psychologist recommended that due to father's vulnerability, special measures should be put in place when he gave oral evidence. None were available and the judge refused to adjourn. Father's appeal allowed. Report: Family Law.

Re E (Wardship Order: Child in Voluntary Accommodation) [2012] EWCA (22 November 2012)
Held, there was nothing in s100 of the Children Act to prevent the court from making an order in wardship where a child was being voluntarily accommodated. Report: Family Law.

Re SC (Placement Order: Order Made in Respect of Part of Sibling Group) [2012] EWCA (22 November 2012)
Appeal against final care orders in respect of a family of seven children and placement orders in respect of the youngest two. Appeal dismissed. Report: Family Law.

Re I (Placement Order: Alternatives for Long-Term Care) [2012] EWCA (20 November 2012)
Placement order. Appeal against refusal to order contact with the biological family. Appeal dismissed. Report: Family Law.

MXB v East Sussex Hospitals Trust [2012] EWHC 3279 (QBD) (20 November 2012)
Application for reporting restriction that would cover digital media. Application allowed. Report: Family Law.

The 1996 Hague Convention: The Fourth Dimension
Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales. Full article: Family Law Week.

The Modernisation of Family Justice: An Interview with Mr Justice Ryder
Mr Justice Ryder is interviewed by Zimran Samuel of 9 St John Street Chambers about the modernisation of the family justice system. Full article: Family Law Week.

A bit thin this week (well, I did mention a couple of blog posts above):

Government launches separation app
Marilyn Stowe gives her views on the government's shiny new web app (see news story, above).

It is lawful to make ICOs under repeated s37, I say it is lawful to make ICOs
A discussion of RE K (Children) [2012] EWCA Civ 1549 [above] which has just been decided in the Court of Appeal. Another triumph of substance over style from suesspiciousminds.

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