Tuesday, May 14, 2013

News Update: 14th of May 2013


WELCOME to this week's Family Lore News Update.

NEWS
How foster care separates siblings
More than half of children are split up from their brothers and sisters as demand for carers rises. Full story: The Independent.

Pre-proceedings process does not shorten care proceedings, research shows
A major new research report on the pre-proceedings process shows how local authorities, lawyers and the courts have operated this part of the 2008 PLO reforms. Full story: Family Law Week. See also the post by suesspiciousminds, below.

Japan announces abduction pilot scheme
Reunite reports that Japan has recently announced a pilot scheme to provide legal advice to those involved in parental child abduction cases who reside outside of Japan. Full story: Family Law Week.

Family email advice line tries to fill gap left by cuts
Clients will be referred to University of Law LPC students by CAB. Full story: Solicitors Journal.

Breakdown of care applications by local authority shows wide variations across the country
Next step is to find the causes of variations, says ADCS. Full story: Family Law Week.

G4S will run Child Maintenance Options service
Company granted five year contract to run advice and help service . Full story: Family Law Week.

Care applications in April 2013 show continued rise
In April 2013, Cafcass received a total of 908 applications. This is a 20% increase on April 2012, and the highest ever recorded by Cafcass for the month of April. Full story: Family Law Week.

Cafcass reports private law demand up 28% on a year ago
In April 2013, Cafcass received a total of 4,400 new private law cases, a 28% increase on April 2012 levels. This is the highest ever recorded by Cafcass for the month of April and also the joint highest month (with October 2012) on record. Full story: Family Law Week.

Barnardo's calls for Government not to abandon children looked after by the state
Barnardo's is calling for more to be done to help children in care move to adulthood. Full story: Barnardo's.

Criminalisation of forced marriage included in Queen’s Speech
Under the Crime and Policing Bill, announced in the Queen's Speech, forced marriage will become a criminal offence, as will a breach of a forced-marriage protection order. Full story: Family Law Week.

Home Office policy on discretionary leave for children to remain is unlawful
New High Court judgment upholds the rights of children affected by immigration decisions. Full story: Family Law Week.

Court of Appeal strikes out claim brought against wealthy ex-husband 18 years after divorce
The Court of Appeal has allowed an appeal by a husband against the dismissal of his application to strike out his former wife's claim for a financial remedy, which she issued some 18 years after the parties were divorced. The Vince v Wyatt case - see below. Full story: Family Law Week.

Doncaster's new mayor 'prioritises' child protection
Doncaster's newly-elected mayor Ros Jones has pledged to make children's services her "absolute priority". Full story: BBC News.

Court refuses to vary unsealed consent order in “big money” case
Sir Hugh Bennett, sitting in the Family Division, has dismissed a wife's application to reopen financial remedy proceedings in a "big money" case in which heads of agreement and a consent order were approved by the court but the order was not yet sealed. Full story: Family Law Week.

STATUTORY INSTRUMENTS
The Adoption Agencies (Miscellaneous Amendments) Regulations 2013
These Regulations amend the Adoption Agencies Regulations 2005 which make provision relating to the exercise by adoption agencies (local authorities and registered adoption societies) of their functions in relation to adoption under the Adoption and Children Act 2002.

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013
These Regulations amend the Care Planning, Placement and Case Review (England) Regulations 2010, which make provision about care planning for looked after children.

CASES
DR v GR and Others (Financial Remedy: Variation of Overseas Trust) [2013] 1196 (Fam) (10 May 2013)
Judgment in application by wife for variation of post-nuptial settlement comprising a discretionary Jersey trust. Full report: Family Law Week.

D (A Child) [2012] EWHC 4231 (Fam) (14 December 2012)
Care proceedings involving child brought to this country from Nigeria after bogus fertility treatment there, and the extent to which the 'parents' knew the child was not their own. Full report: Bailii.

Vince v Wyatt [2013] EWCA Civ 495 (08 May 2013)
Appeal by husband against the dismissal of his application to strike out the wife's claim for a financial remedy, which she issued some 18 years after the parties were divorced. Appeal allowed. Full report: Bailii. See also the news story above and the blog post, below.

SC v London Borough Of Hackney [2010] EWHC B29 (COP) (05 August 2010)
Appeal against order for costs in Court of Protection proceedings. Appeal allowed. Full report: Bailii.

ARTICLES
Finance and Divorce May 2013 update
Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases. Full article: Family Law Week.

The existential crisis of set aside transactions under section 37 MCA 1973
Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders, in this article on Family Law Week.

Samantha Bangham’s Week in Cases 10 May 2013
Samantha Bangham looks at the week's case highlights. Full article: Family Law.

The Jackson Five
Amy Royce-Greensill considers the main practical points for family lawyers arising from the Jackson reforms, in this article on Family Law.

Non-recognition of Bulgarian divorce under Brussels II
David Hodson discusses the case of Yordanova v Iordanov (2013) EWCA 464, in this article on Family Law.

s.7 and s.37 reports in children proceedings
"This practice note looks at the way in which the court obtains objective evidence in children proceedings – by directing agencies to provide reports on the child and family at the centre of the dispute." Full article: Family Law Hub.

Marriage from the Eighteenth Century to the Twenty-First Century: Some reflections on Hyde v Hyde and Woodmansee (1866) LR 1 P&D 130
The Incorporated Council of Law Reporting Annual Lecture for 2013 given by Sir James Munby, President of the Family Division, on 25 April 2013 at the Law Society. Full article: Family Law.

BLOG POSTS
“I’m on the edge, the edge, the edge, the edge…”
Suesspiciousminds looks at the research by Judith Masson (et al) on families on the edge of care proceedings [see news story, above]. Full post: suesspiciousminds.

“Is the test for capacity to cohabit the same as the test for capacity to marry?”
A discussion of PC (by her litigation friend the Official Solicitor)[1] and NC [2] v City of York Council [2013] EWCA Civ 478. Full post: UK Human Rights Blog.

Vince v Wyatt: Striking out a statement of case
A summary of Vince v Wyatt [2013] EWCA Civ 495 [above], which concerned a husband's application to strike out a financial remedies claim made by the wife some eighteen years after the parties were divorced. Full post: Family Lore.

“On the twelfth day of proceedings, my true love sent to me…”
"A purposeful and robust CMC. Or that is the plan in the imminent revised Public Law Outline anyway. Let’s have a look, day by day, at what that might mean for the beleaguered parents solicitor." Full post: suesspiciousminds.

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