Tuesday, July 09, 2013
News Update: 9th of July 2013
WELCOME to this week's Family Lore News Update.
Cafcass care applications continue steady rise
In June 2013, Cafcass received a total of 849 applications. This is a 5% increase on June 2012. Full story: Cafcass.
Continued increase in private law demand
In June 2013, Cafcass received a total of 4,267 new private law cases, a 29% increase on June 2012 levels. Full story: Cafcass.
Court grants opposed post-adoption contact order
Lord Justice Ryder has granted a contact order in favour of a grandmother when making an order for the adoption of a 7 year old boy. The MF v LB of Brent case - see below. Full story: Family Law Week.
Judicial Working Group publishes recommendations to assist with expected surge in litigants in person
Information for LiPs, judicial training, rule changes and McKenzie Friends considered by group. The Group's report can be read here. Full story: Family Law Week.
Fiona Shackleton's law firm is sued over 'ridiculous' divorce bills
Payne Hicks Beach, which represented Sir Paul McCartney in his divorce, is being sued by another client, Mortimer Whealon, the property mogul and socialite. Full story: The Telegraph.
The terrible toll of making divorce easier: Children are more likely to be violent, take drugs and have underage sex
Children who encounter family break-up are far more likely to be violent, unhappy and feel unfulfilled throughout their lives, according to an NHS study. Full story: Daily Mail.
Social workers to get tool to improve care applications from next week
Template, developed by Cafcass, will drastically shorten care applications and help social workers focus on key issues. Full story: Community Care.
Multi-agency child protection inspections to start in 2015
Children's services directors welcome the decision by Ofsted but raise concerns about failure to commit to review of current system. Full story: Community Care.
One word Ofsted judgements 'ludicrous', says top children's director
Association of Directors of Children's Services president calls for narrative judgements used by coroners to improve inspections of children's services. Full story: Community Care.
President publishes revised PLO guidance and documents
The President of the Family Division has a issued a revised Public Law Outline and pilot practice direction, as well as a number of supporting guidance documents. Full story: Family Law. See also the PD Annex, below.
Substance misuse family courts to be expanded
At least two new specialist substance misuse family courts are to be set up thanks to £150,000 of government funding. Full story: Children & Young People Now.
Former Miss Malaysia asks London court to settle £500 million divorce
A former Miss Malaysia is seeking Britain’s biggest ever divorce payout of £500 million has began an attempt to have her case heard in London. Full story: The Telegraph.
Joint Committee on Human Rights publishes scrutiny report on Children and Families Bill
The Joint Committee on Human Rights has published its legislative scrutiny report on the Children and Families Bill which received its Second Reading in the House of Lords on the 2nd July. Full story: Family Law Week.
Expat tycoon argues hatred of British weather makes him immune from divorce courts
The estranged wife of an expatriate property tycoon has failed in her bid to secure part of his fortune, after he successfully argued that his loathing of the British climate earned him immunity from the UK divorce courts. Full story: The Telegraph.
Family Justice Young People’s Board launches video to support children whose parents are separating
The Family Justice Young People’s Board has created a video that helps to explain the family court process to children whose parents are separating or divorcing, when Cafcass is involved. Full story: Cafcass.
Key features of the single family court explained in Joint Statement
The President of the Family Division, Sir James Munby, and the HMCTS London region have released a joint statement in respect of the single Family Court. Full story: Family Law Week.
'Cruel beyond imagination': Father back in jail for refusing to tell mother where daughter is living
Egyptian Tamer Salama removed Elsa Salama from care of English mother while all three were visiting Egypt, High Court told. Full story: The Independent.
PRACTICE DIRECTION ANNEX
The Children Act 1989. Annex to PD 36C
The Children Act 1989. Annex to PD 36C (Revised Public Law Outline from 1st July 2013). Practice Direction Annex: Family Law.
C (A Child)  EWCA Civ 791 (14 June 2013)
Application for permission to appeal an indirect contact order, and a prohibited steps order. The F sought direct contact with his child, and the discharge of the prohibited steps order. Full report: Family Law Hub.
Chaudhary v Chaudhary  EWCA Civ 758 (1 May 2013)
Appeal against order that the appellant had no interest in a property purchased by her step-son as a home for her and her late husband. Appeal allowed. Full report: Family Law Week.
MF v LB of Brent & Ors  EWHC 1838 (Fam) (28 June 2013)
Adoption application relating to seven year old child in respect of whom care and placement orders had been made in 2008. Full report: Family Law Week. See also the news story, above.
HJ (A Child)  EWHC 1867 (Fam) (02 July 2013)
Application by the Health Services Executive of Ireland for the English court to assume jurisdiction in care proceedings. Full report: Bailii.
S (A Child) & Ors v Nottingham City Council & Ors  EWCA Civ 771 (02 July 2013)
Appeal by Children's Guardian in respect of findings of fact relating to who perpetrated non-accidental injuries that were sustained by the youngest child. Full report: Bailii.
Finance and Divorce July 2013 Update
Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June. Full article: Family Law Week.
Evidence, Practice and Procedure: Declarations in the family law context
"CM v Exor of the Estate of EJ (deceased) and HM Coroner for the Southern District of London  EWHC 1680 (Fam), Cobb J reminds family lawyers of the important remedy of declaration." Says David Burrows, in this article on Family Law.
Samantha Bangham’s Week in Cases 5 July 2013
Samantha Bangham looks at the week's case highlights. Full article: Family Law.
Ministry of Justice review of EU powers in family law
"The Ministry of Justice is presently conducting a review of the extent of the powers and laws of the EU. This includes family law where the influence of the EU is very keenly felt by practitioners dealing with international families." Says David Hodson, in this article on Family Law.
Lucy Reed examines data she has received about Cafcass under Freedom of Information Act requests, in this post on Pink Tape.
Doc, Doc,Doc Doc Doctor Beat
When Judges disagree with doctors – I’ve been interested in this for a little while now, and another case of this type has just flitted across my screen, so, a quick run down of the recent reported cases where the Courts have, in considering an NAI case, gone against the medical evidence (or at least some of the medical evidence) to find that the parent had not caused the injury. Full post: suesspiciousminds (who else, with a post title like that?).
Arbitrate Me Baby
Apparently, in relation to a post-award consent order lodged at a county court, the solicitor for one of the parties requested a judicial view on the question: ‘What effect should the fact of an arbitration award have on the exercise of judicial discretion in deciding whether to approve the terms of a Consent Order.’ Full post: Pink Tape.
View from the President’s Chambers – part 3
"The President of the Family Division, Sir James Munby, recently handed down his third View from the President’s Chambers, focusing on the reform of expert evidence." Says Geraldine Morris. Full post: Family Law Blog.
You be frank, I’ll be earnest
Suesspiciousminds looks at the judgment in Re L and M (Children) , in this post.
Family Law - some recent developments in childcare law
An update on SOME of the recent developments in child care family law. Full post: Law and Lawyers.
CW v SG: the law and terminating parental responsibility
"Refusal to grant PR to a father by a mother is one of the thorniest issues in family law." Says Marilyn Stowe, as she looks at the recent case of CW v SG. Full post: Marilyn Stowe Blog.
Case Comment: Re B (a child)  UKSC 33
Tessa Buchanan comments upon the Supreme Court case of Re B (A Child). Full post: UKSC blog.