Tuesday, September 24, 2013

News Update: 24th of September 2013


WELCOME to this week's Family Lore News Update.

NEWS
MEPs call for equal property rights for registered partners and married couples
International couples in registered partnerships should have the same right as married ones to choose which member state's national law will govern their property rights if the relationship ends, the European Parliament has resolved. These rules will not apply to the UK, Denmark or Ireland. Full story: Family Law Week.

Court of Appeal gives important guidance on adoption applications
The Court of Appeal has given important guidance as to the proper approach to applications for adoption orders and for leave to oppose adoption orders. The Re B-S case - see below. Full story: Family Law Week.

Domestic violence increases during England World Cup football matches
Researchers from Lancaster University have found that domestic abuse increases during England World Cup football matches – especially if the team lose. Full story: Family Law Week.

Adultery falls behind bad behaviour as leading grounds for divorce
Major new study looks at trends in divorce over the past 40 years. Full story: The Guardian.

Top judge calls for more Court of Protection cases to be made public
Mr Justice Charles wants to increase public understanding of care cases. Full story: The Independent.

Social work leaders call for better use of SCRs as learning tools
Reports into child deaths should be changed to allow all child protection professionals to learn lessons from tragedies like the Daniel Pelka case, it has been claimed. Full story: Children & Young People Now.

Many councils still 'inadequate' on child protection
One-third of councils previously judged by inspectors to have child protection weaknesses are still failing to meet minimum requirements, figures show. Full story: BBC News.

Daniel Pelka: Ministers shun obligatory scheme for professionals to report abuse concerns
No new legislation needed as it was 'already clear that suspicions should be reported'. Full story: The Independent.

Lib Dem Conference calls for enforceable rights for cohabitants
The Liberal Democrat Conference has passed a motion which calls for "the implementation without delay of proposals giving cohabiting couples fair and reasonable redress upon relationship breakdown and upon intestacy, based upon the proposals made in the Law Commission's 2007 and 2011 reports." Full story: Family Law Week.

CASES
EA v AP [2013] EWHC 2344 (Fam) (24 June 2013)
Jurisdiction dispute concerning wife's Schedule 1 application, where husband had first issued proceedings in Italy. Held, jurisdiction was not established. Full report: Bailii.

Tufail v Riaz [2013] EWHC 1829 (Fam) (19 June 2013)
Judgment concerning divorce petition issued in England, where the parties may have already been divorced in Pakistan. Full report: Bailii.

Joyce v Joyce [2013] EWHC 1353 (Fam) (16 May 2013)
Judgment dealing with the committal of a father to prison for contempt, for breach of a Collection Order requiring the Tipstaff to collect the children so that they could be returned to the mother in Ireland. Full report: Bailii.

M (Children) [2013] EWCA Civ 1147 (20 September 2013)
Appeal by father against order refusing his application for contact with his three sons. Appeal allowed. Full report: Bailii. See also the blog post, below.

L-R (Children) [2013] EWCA Civ 1129 (24 July 2013)
Appeal against 18 month sentence of imprisonment for contempt for refusing to give evidence in care proceedings. Appeal dismissed. Full report: Family Law Week. See also the blog post, below.

M (A Child) [2013] EWCA Civ 1131 (17 September 2013)
Appeal by father against an order made in the course of Hague Convention proceedings, that the mother be permitted to carry out paternity testing by DNA of her daughter. Appeal allowed. Full report: Bailii.

J (A Child), Re [2013] EWCA Civ 1100 (30 July 2013)
Application by grandmother for permission to appeal against care and placement orders. Application granted. Full report: Bailii.

ML (Use of Skype Technology), Re [2013] EWHC 2091 (Fam) (18 July 2013)
Judgment recording the use made of Skype technology in two recent children cases. Full report: Bailii.

B-S (Children), Re [2013] EWCA Civ 1146 (17 September 2013)
Appeal by mother against refusal of application for leave to oppose the making of adoption orders. Appeal dismissed. Full report: Bailii. See also the blog post, below.

ARTICLES
Laying Down The Law On Freezing Orders
In UL v BK [2013] EWHC 1735 (Fam), Mostyn J reiterated the mantra that the law to be applied in one court room must be the same as that applied in the next, whether in the High Court or a county court, the Family Division or the Chancery. Full article: Mondaq.

Court of Protection Update (September 2013)
Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection. Full article: Family Law Week.

What Are Care Proceedings For?
Lady Hale's Munkman Lecture, 16th September 2013. Full article: Zenith Chambers (PDF).

In the matter of A (Children) [2013] UKSC 60 – An Analysis
Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders. Full article: Family Law Week.

BLOG POSTS
Re A (A Child)
For those of you who had been pondering about the applicability of Re B [2013] UKSC 33 to private law cases – Re A (A Child) [2013] EWCA Civ 1104 goes some distance towards providing an answer. Full post: Pink Tape.

M (Children): Refusing contact is draconian
A brief look at M (Children) [2013] EWCA Civ 1147 [above], an appeal by a father against an order refusing his application for contact with his three sons. Full post: Family Lore.

Inconsistent statements and eating more porridge than Orinoco Womble
The decision of the Court of Appeal in Re L-R (Children) 2013 [above], which was an 18 month sentence for not giving evidence. With a title like that, who else could have written this post than suesspiciousminds?

The Daniel Pelka serious case review
Suesspiciousminds examines the Daniel Pelka serious case review, in this post.

Relocation Research - first paper now available
"In my last post, I published the Executive Summary from my new paper, "Relocation Disputes in England and Wales: First Findings from the 2012 Study". The full paper is now available to download free of charge from the Social Science Research Network." Says Legal Liberal.

“This is some serious B-S….”
The Court of Appeal decision in Re BS (Children) 2013 [above]. Full post: suesspiciousminds.

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