Tuesday, October 08, 2013

News Update: 8th of October 2013


WELCOME to this week's Family Lore News Update.

NEWS
Domestic abuse victims should have right to keep address secret, say campaigners
A woman is calling for new laws to allow victims of domestic violence to withhold their addresses in court to protect them and their children. Full story: The Telegraph.

Birmingham struggles to recruit social workers
More than a fifth of frontline social worker posts are unfilled in Birmingham, it has been revealed. Full story: BBC News.

Local authority tried to move vulnerable teen from residential school without her consent
The Local Government Ombudsman has determined that social workers at Walsall Metropolitan Borough Council caused undue distress to a vulnerable teenager when they tried to force her to move from the residential school she attended. Full story: Family Law Week.

'There's no more learning left to be done', says child protection expert, in wake of Hamzah Khan death
Studying past cases of child neglect is a 'big distraction' for child protection professionals, a leading professor of social work has said, a day after a jury convicted a mother of starving her young son to death. Full story: The Telegraph.

Child Contact Centres Campaign
Napo, the trades union and professional association for Family Court Advisors and Probation Officers, is supporting a campaign to promote the statutory provision of funding to Child Contact Centres and the adoption of minimum standards for the training, support and supervision of Child Contact Centre co-ordinators. Full story: Family Law.

Child protection experts react to Keanu Williams SCR findings
The National Children’s Bureau has called for an urgent review of how best to support children within the child protection system in the wake of the serious case review findings into the death of Keanu Williams. Full story: Children & Young People Now.

Clash between wife and mother-in-law behind £10m divorce battle
A personality clash between a millionaire dentist and her "highly controlling" mother-in-law is at the centre of a £10 million divorce battle. Full story: The Telegraph.

Keanu Williams murder: Opportunities missed to save two-year-old
There were "a number of significant missed opportunities" to save a two-year-old boy from being beaten to death by his mother, a report has found. Full story: BBC News.

Cafcass FCA pilot improves care case outcomes
A CAFCASS pilot in Warwickshire and Coventry that introduced Family Court Advisors at pre-proceedings stage has made significant reductions in the number of cases reaching court and reduced the length of care proceedings. Full story: Family Law.

Wife of fallen tycoon to cross-examine Philip Green in £400m divorce battle
The Topshop boss will be questioned by Michelle Young about £80,000 cheques he said he paid to an estate agent. Full story: The Independent.

Tamer Salama jailed again over missing daughter Elsa
A father who has refused to arrange the return of his daughter to his ex-wife has been jailed again. Full story: BBC News. See also the case reports, below.

£100 million to support the education of children in care
Funding to support the education of children in care is to more than double from April 2014, announces Children’s Minister Edward Timpson. Full story: Department for Education.

Majority of girls and young women unaware of domestic violence signs
Three quarters of girls and young women aged between 11- and 21-years-old are unaware of the signs of domestic violence, according to new research launched by Girlguiding. Full story: Children & Young People Now.

New Lord Chief Justice
Sir John Thomas will become the Lord Chief Justice of England and Wales from today, following the retirement of The Rt Hon The Lord Judge yesterday. Full story: Family Law.

CASES
Button v Salama [2013] EWHC 2474 (Fam) (02 July 2013)
Application by a mother to commit the father of their child to prison for contempt of court in relation to the breach of an order requiring him to return the child to England and Wales. Full report: Bailii.

M (A Child) [2013] EWCA Civ 1181 (9 July 2013)
Appeal in respect of a fact finding hearing where the F, who had been found to have abused his daughter, complained that the judgment was deficient. Full report: Family Law Hub.

M (Children) [2013] EWCA Civ 1170 (04 October 2013)
Appeal by Children's Guardian against refusal of first instance judge in residence proceedings to make findings against the intervener in relation to alleged incidents of abuse. Appeal dismissed. Full report: Bailii.

A Local Authority v TZ [2013] EWHC 2322 (COP) (31 July 2013)
Judgment in proceedings brought in the Court of Protection as to whether a 24-year-old man has the capacity to consent to sexual relations. Full report: Bailii. See also the blog post, below.

Button v Salama [2013] EWHC 2972 (Fam) (27 September 2013)
Application by a mother to commit the father of their child to prison for contempt of court in relation to the breach of an order requiring him to return the child to England and Wales. Full report: Bailii. See also the news story above.

S (A Child) [2013] EWCA Civ 1073 (20 August 2013)
Appeal by mother against care and placement orders. Appeal allowed. Full report: Bailii.

ET v TZ [2013] EWHC 2621 (Fam) (06 August 2013)
Applications by mother for return of child to Poland and for a declaration of enforcement of a Polish residence order. Full report: Bailii.

H (Father) v B (Mother) [2013] EWHC 2950 (Fam) (23 September 2013)
Wardship application by father where the children had been resident in Bangladesh for five years and there were already proceedings there. Held, jurisdiction had not been established. Report: Family Law. Full report: Bailii.

Wilmot v Wilmot [2013] EWCA Civ 1160 (25 July 2013)
A final order in ancillary relief proceedings was made in 2001, then set aside in 2005 after H's successful appeal, before being reinstated in 2006. A consent order was made in 2007. H applied to have the consent order set aside on the grounds of fraud, to reinstate his appeal against the original 2001 order and to pursue that appeal. Application refused. Full report: Family Law Hub.

ARTICLES
Samantha Bangham’s Week in Cases 4th October 2013
Samantha Bangham looks at the week's case highlights. Full article: Family Law.

There’s a Ghost in the Matrimonial Home and it’s not the Ex
David Hodson in his international family law opinion piece describes the possible effect of a haunting of the matrimonial home on the divorce financial outcome, as set out in a judgment from a federal magistrate's decision in Sydney, Australia. Full article: Family Law.

Finance and Divorce October 2013 Update
Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in September. Full article: Family Law Week.

BLOG POSTS
Capacity to consent to sexual intercourse
Another useful case on this issue from Baker J sitting in the Court of Protection: A Local Authority v TZ 2013 [above]. Full post: suesspiciousminds.

Low pain threshold
Lucy Reed considers the guidance on drafting threshold documents. Full post: Pink Tape.

Challenging adoption order using human rights
Where a Court has already made an order that a child may be placed for adoption and that has happened and the prospective adopter has applied for an Adoption Order, in what circumstances can a parent seek to stop it going ahead? Full post: UK Human Rights Blog.

“Eggs, eggs, damn all eggs!”
Judicial wrath about the pervasiveness of the word “concerns” in a care case, and the word being used to mask the lack of substantiated evidence or allegations. Re Avon, North Somerset and Gloucestershire Public Law Case 2013. Full post: suesspiciousminds.

When adoption without consent breaches human rights
Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions in Re B. Full post: UK Human Rights Blog.

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