Tuesday, July 23, 2013

News Update: 23rd of July 2013

WELCOME to this week's Family Lore News Update.

Supreme Court hears appeal concerning habitual residence in child abduction case
On the 22nd and 23rd July the Supreme Court will hear the mother's appeal from the judgment in Re A, reported in the Court of Appeal as ZA & Anor v NA [2012] EWCA Civ 1396. Full story: Family Law Week.

High Court revisits ‘real prospect of success’ test when considering appeals
In H v G (Adoption Appeal) [2013] EWHC 2136 (Fam) [see the law report and the blog post, below], Mr Justice Peter Jackson has considered again the test in rule 30.3(7) of the Family Procedure Rules 2010 that in order for the court to grant permission to appeal, an applicant must show 'a real prospect of success'. Full story: Family Law Week.

Children over 5 take more than a year longer to be adopted than younger children
The Department for Education has published the Adoption Survey for quarter 3 of 2012-2013 [see below] which provides analysis of data covering the characteristics of children at any stage in the adoption process and analysis of their progress in the system. Full story: Family Law Week.

Equal marriage bill for England and Wales given Royal Assent and is now law
The equal marriage bill for England and Wales was today given Royal Assent, and is now officially law. Full story: PinkNews.

Family expert attacks judiciary on reforms
Social workers and CAFCASS can't replace experts in courts, says head of professional group. Full story: Solicitors Journal.

Doncaster stripped of children's social care responsibility
Children's services in Doncaster are to be temporarily hived off from local authority control and instead run by an independent trust as part of a radical plan to turn the troubled department around. Full story: Children & Young People Now.

Quarterly Adoption Survey: update for quarter 3 of 2012 to 2013
Analysis of data covering the characteristics of children at any stage in the adoption process and analysis of their progress in the system. Full story: GOV.UK. See also the other news story above and the blog post, below.

The Adoption (Recognition of Overseas Adoptions) Order 2013
This Order comes into force on 3rd January 2014. It revokes and replaces the Adoption (Designation of Overseas Adoptions) Order 1973 and revokes the Adoption (Designation of Overseas Adoptions) (Variation) Order 1993.

H v G (Adoption Appeal) [2013] EWHC 2136 (Fam) (13 June 2013)
Appeal by mother against adoption order. Appeal dismissed. Full report: Bailii. See also the news item above and the blog post, below.

NP v KRP [2013] EWHC 694 (Fam) (27 March 2013)
Application by wife for declaration of non-recognition of Indian divorce. Application dismissed. Full report: Bailii.

C (Children) [2013] EWCA Civ 848 (24 April 2013)
Care proceedings. Appeal by father against findings of abuse in respect of allegations made by the mother's nephew. Appeal allowed. Full report: Family Law Week.

A (A Child), Re (Vulnerable Witness : Fact Finding) [2013] EWHC 2124 (Fam) (15 July 2013)
Fact-finding hearing to determine the truth or otherwise of a vulnerable witness's allegations of abuse by the father, as the first step in considering whether the child and her father should be permitted to resume a normal and unrestricted relationship. Full report: Bailii.

RCW v A Local Authority [2013] EWHC 2129 (Fam) (16 July 2013)
Adoption order made in favour of visually impaired adopter. Full report: Judiciary of England & Wales (PDF). For an HTML version, see here.

DL v EL [2013] EWCA Civ 865 (16 July 2013)
Judgment on appeal considering what remedies are available to the parent whose child is removed from the country of habitual residence pursuant to a return order made on a successful application under the 1980 Hague Abduction Convention, which is subsequently set aside by an appellate court. Full report: Family Law Week.

J & MM (Children), Re [2013] EWHC 1820 (Fam) (26 June 2013)
Hearing of care application, following finding that the parents had being reckless and incompetent in their management of the child's asthma. Full report: Bailii.

MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)
Final hearing of an application for a care order, the issue between the parties being whether the child should return to the care of his mother or whether he should be placed in the family of his maternal great uncle, who live in Belgium. Full report: Bailii.

K v D (Committal - Application to Strike Out) [2013] EWHC 796 (Fam) (02 April 2013)
Application to strike out a committal application arising from a child abduction. Full report: Bailii.

Samantha Bangham’s Week in Cases 19 July 2013
Samantha Bangham looks at the week's case highlights. Full article: Family Law.

Self-Help Disclosure - Imerman v Tchenguiz: from ‘cheat’s charter’ to ‘damp squib’? (Some guidance, at last, in UL v BK)
Andrze Bojarski of 36 Bedford Row examines the law and the latest guidance [UL v BK] relating to self help disclosure. Full article: Family Law Week.

“You’ve lost your lipgloss honey”
Whether the test is “wrong” or “plainly wrong” for an Appeal, and we shall know definitively after Re BS, when deciding whether to give permission, where is the bar set? Suesspiciousminds looks at H v G (Adoption Appeal) [2013] EWHC 2136 (Fam) [above]. Full post: suesspiciousminds.

“Sunlight is the best disinfectant”
Transparency, openness and the family Courts, and the President’s proposal for changes. Full post: suesspiciousminds.

A statistical analysis of recent adoption trends, and the pursuit of a financial agenda
The government has today published the latest round of adoption statistics for England and Wales. See the news items, above. Full post: Family Matters.

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