Tuesday, August 06, 2013
News Update: 6th of August 2013
WELCOME to this week's Family Lore News Update.
Somerset child protection services rated inadequate
Child protection services in Somerset have been given the lowest rating of inadequate by Ofsted. Full story: BBC News.
Doncaster takeover ‘could damage children’s services’
The government’s plans to take Doncaster's children’s social care out of council control could harm service improvement, experts have suggested. Full story: Children & Young People Now.
Court endorses guidance for local authorities where one parent murders the other
Mrs Justice Theis has endorsed the guidance given by Mrs Justice Hogg, in Re A and B  EWHC 3824 (Fam), in cases where one parent murders the other. The N v B case - see below. Full story: Family Law Week.
Mother rescues abducted daughter in SAS-style mission
A mother whose daughter was abducted and taken to Egypt by her father has rescued the toddler after disguising herself with a burka and snatching her off the street. Full story: The Telegraph.
Health and social care staff must look out for signs of domestic violence
New draft guidance on identifying and preventing domestic violence and abuse (including psychological, physical, sexual, financial or emotional abuse) between family members or between people who are (or who have been) intimate partners has been published by the National institute for Health and Care Excellence. Full story: Family Law Week.
Quickie celebrity divorces are unrealistic for the rest of us, warns Law Society
Celebrity divorces are giving ordinary couples an unrealistic view on what to expect when separating, warns the Law Society. Full story: The Law Society.
Serious case review to examine failures in Daniel Pelka case
A serious case review into the death of Daniel Pelka is investigating whether authorities missed opportunities to protect the child, who died after a campaign of abuse by his mother and her partner. Full story: Community Care.
Privy Council hears appeal in financial relief case which has been running for sixteen years
The Judicial Committee of the Privy Council has given judgment in an appeal from the Court of Appeal in Trinidad and Tobago. The Ramnarine case - see below. Full story: Family Law Week.
Inheritance and Trustees’ Powers Bill introduced into the House of Lords
The Inheritance and Trustees' Powers Bill was introduced into the House of Lords on 30 July 2013. It is due to receive its second reading on the 22nd October 2013. Full story: Family Law Week.
Access to District Judge of the Day to be reformed
The Senior Designated Family Judge for London, His Honour Judge Altman, has announced that HM Courts & Tribunal Service will no longer be able to allocate a District Judge of the Day on a daily basis. Full story: Family Law.
Court asked to sterilise man with learning difficulties
In a ground-breaking case, the Court of Protection has been asked to decide whether it would be in the 36-year-old's best interests for him to have a vasectomy. Full story: The Telegraph.
Liverpool City Council 'owed carer £10,000 in allowances'
A review of foster carer payments in England has been urged after it emerged more than 300 Merseyside carers have been underpaid for years. Full story: BBC News.
Domestic abusers facing gun ban
People with a history of domestic violence should be prevented from having guns, says the Home Office. Full story: BBC News.
London Borough of Camden v Caratt & Ors  EWHC 2336 (Fam) (31 July 2013)
Judgment addressing the question whether the provisions of article 15 Brussels II Revised may be used to facilitate a transfer of proceedings between jurisdictions within the United Kingdom. Full report: Bailii.
Ramnarine v Ramnarine  UKPC 27 (31 July 2013)
Appeal by wife against an order made by the Court of Appeal of Trinidad and Tobago in proceedings for financial relief between her and her ex-husband following divorce. Full report: JCPC (PDF). See also the news story, above.
E (A Child), Re  EWHC 2400 (Fam) (30 July 2013)
Care proceedings in which the local authority alleged that the parents had put the child at risk by failing to understand her medical needs. Full report: Bailii.
A and L (Children), Re  EWHC 2328 (Fam) (06 June 2013)
Application for a parental order under s.54 Human Fertilisation and Embryology Act 2008, in relation to two children born in California pursuant to a surrogacy arrangement. Full report: Bailii.
X (A Child), Re  EWHC 689 (Fam) (27 March 2013)
Application to adopt 15 year old child made by partner of child's mother. Held that the child had not had her home with the applicant for the requisite period of time. Full report: Bailii.
C (A Child), Re  EWHC 2408 (Fam) (19 July 2013)
Application for a parental order under s.54 Human Fertilisation and Embryology Act 2008, in relation to a child conceived following a surrogacy arrangement entered into by the parties through a surrogacy agency based in California. Full report: Bailii.
C (A Child), Re  EWHC 2413 (Fam) (15 May 2013)
Application for a parental order under s.54 Human Fertilisation and Embryology Act 2008, in relation to a child conceived through IVF treatment in Moscow. Full report: Bailii.
DN GN GRN CMN (Children), Re (No. 1)  EWHC 4278 (Fam) (28 November 2012)
Care proceedings relating to four girls. Judgment dealing primarily with issue of jurisdiction. Full report: Bailii.
DN GN GRN CMN (Children), Re (No. 2)  EWHC 1433 (Fam) (24 May 2013)
Care proceedings involving four children, the oldest of which was not a child of the 'parents', who originated from Cameroon. Full report: Bailii.
DN (A Child), Re  EWHC 2401 (Fam) (12 July 2013)
Care proceedings, including an application by the local authority for a declaration as to the child's date of birth. Full report: Bailii.
PM v MB & Anor  EWCA Civ 969 (31 July 2013)
The father's applications for parental responsibility and direct contact were dismissed and a s.91(14) order made. The father was granted permission to appeal re: the PR and s.91(14) decisions. Appeal dismissed. Full report: Bailii. See also my blog post, below.
Sandwell Metropolitan Borough Council v RG & Ors  EWHC 2373 (COP) (04 July 2013)
Judgment concerning arrangements for two adult brothers lacking capacity, including whether the marriage of one brother should be annulled. Full report: Bailii.
G (A Child)  EWCA Civ 965 (30 July 2013)
Second appeal by mother against care order. Appeal allowed. Full report: Bailii.
P (A Child)  EWCA Civ 963 (30 July 2013)
Appeal by father against care and placement orders. Appeal allowed. Full report: Bailii.
Bedfordshire Police Constabulary v RU & Anor  EWHC 2350 (Fam) (26 July 2013)
Application by police for a person to be committed to prison for contempt of court for breach of a forced marriage protection order, where they were not the applicants who obtained the order. Held that they had no standing to make the application. Full report: Bailii. See also the blog post, below.
K (A Child)  EWCA Civ 895 (11 June 2013)
Care proceedings involving child of Slovakian parents. Appeal against order for transfer of proceedings to Slovakia. Appeal dismissed. Full report: Family Law Week.
LA v ML & Ors  EWHC 2062 (Fam) (28 June 2013)
Case concerning the jurisdiction of the court to determine care proceedings concerning a child born in Slovakia. Full report: Bailii.
LA v ML & Ors  EWHC 2063 (Fam) (12 July 2013)
Care proceedings involving a child born in Slovakia. Interim care order made and Article 15 request for transfer of proceedings to Slovakia. Full report: Bailii.
Kent County Council v IS & Ors  EWHC 2308 (Fam) (03 May 2013)
Care proceedings relating to five children. Care orders made in respect of four younger children and supervision order in respect of eldest child. Full report: Bailii.
N v B & Ors  EWHC 820 (Fam) (22 March 2013)
Application by maternal grandmother for the adoption of her grandchildren. Adoption order made. Full report: Bailii. See also the news story, above.
Samantha Bangham’s Week in Cases 2 August 2013
Samantha Bangham looks at the week's case highlights. Full article: Family Law.
Disclosure, discovery: the rules and common law
"The recently published Imerman v Imerman  EWHC 4047 (Fam), Moylan J does not reflect well on the breadth of Family Procedure Rules 2010; and shows how FPR 2010 leave much to a practitioner's interpretation of the common law." Says David Burrows, in this article on Family Law.
“Jackson” and committal for contempt in matrimonial cases
"It might be that the sanction of committal for contempt for ignoring orders of the court in respect of providing proper financial information in divorce proceedings may be more likely than before – partly in view of the new climate intended to be fostered by the “ Jackson” reforms." Says David Partington. Full article: Sovereign Chambers.
Wasted costs against local authority in private law proceedings
James Hargan looks at the case HB, PB, and OB –v- London Borough of Croydon  EWHC 1956 (Fam). Full article: Sovereign Chambers.
Forced Marriage and Court of Protection
In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation. Full article: No5 Chambers.
Forced marriage ~ Enforcement of Protection Orders
May a Police Force apply for a person to be committed to prison for contempt of court for breach of a Forced Marriage Protection Order (FMPO) when the police were not the applicants who obtained the order? ObiterJ looks at Bedfordshire Police Constabulary v RU & Anor [above]. Full post: Law and Lawyers.
One flew over the Cuckold’s nest
Suesspiciousminds looks at the peculiar set of facts of Re M, which hinged on whether a child had been conceived by artificial insemination, or in the traditional way, and if the former, whether the husband of the mother had consented. Full post: suesspiciousminds.
Suesspiciousminds discusses the case K (A Child: Wardship: Publicity)  EWHC B11 (Fam). Full post: suesspiciousminds.
PM v MB & Anor: The father who blamed everyone... but himself
A summary of PM v MB & Anor  EWCA Civ 969 [above], which involved a father's appeal against the refusal of parental responsibility and the making of a s.91(14) order. Full post: Family Lore.
Enforcement tips and tricks – part two
"In this concluding part I will consider the following potential enforcement remedies: Hadkinson relief, orders subject to conditions, declarations of beneficial interest, an order for lump sum(s) and in default an order for sale, drafting maintenance orders, payment on account of costs, interest, a general application for enforcement; and committal by way of a judgment summons." Full post: Family Law Blog.