Tuesday, November 19, 2013

News Update: 19th of November 2013

WELCOME to this week's Family Lore News Update.

Women’s Aid tells Michael Gove: domestic violence is not a ‘life choice’
Women's Aid is challenging statements made by Michael Gove in a speech on reforms to social care which, it says, imply that domestic violence is a 'life choice' that women should take responsibility for. Full story: Family Law Week.

Domestic violence survivors are being abandoned after spending cuts
Survivors and experts campaign for new approach to law as support services face huge budget cuts. Full story: The Observer.

Judge issues £10,000 warning to London man in divorce row
A judge has given a man a £10,000 incentive to help his ex-wife find four pieces of missing jewellery. Full story: BBC News.

Mrs Justice Pauffley appointed as the Senior Family Liaison Judge
Mrs Justice Pauffley DBE has been appointed as the Senior Family Liaison Judge, with immediate effect, for a 3 year term. Full story: Family Law Week.

Family Drug and Alcohol Court to expand into Buckinghamshire and northern England
London’s Family Drug and Alcohol Court is being operations in Buckinghamshire and Milton Keynes from next April. Full story: Community Care.

Wealthy family 'tearing itself apart' over divorce as £50m fortune hangs in balance
A divorce between millionaire engineering tycoon, Richard Shield and his wife of 43 years, Susan, has rung up a £700,000 legal bill before the case has even gone to court. The Shield v Shield case - see below. Full story: The Telegraph.

Birmingham children's services under takeover threat
The children's services department at Birmingham City Council could be taken over by the Department for Education, the BBC has learned. Full story: BBC News.

Hamzah Khan: Starved boy's death 'could not be predicted'
The death of four year-old Hamzah Khan, who starved to death in Bradford, could not have been predicted, a report has said. Full story: BBC News.

Serious case review for Hamzah Khan: government response
Children and Families Minister Edward Timpson writes to the Chair of Bradford Safeguarding Children Board. Full story: Department for Education.

'Feckless fathers should be put in chains and made to work,' says Conservative MP
David TC Davies, a Conservative MP, has said fathers who abandon their children should be made to work to pay back the costs of their care. Full story: The Telegraph.

Private Law Working Group report published
The Private Law Working Group, which was set up by the President of the Family Division in August 2013 under the chairmanship of Mr Justice Cobb, has now reported. Full story: Judiciary of England and Wales. See also the blog posts, below.

Care leavers get 'raw deal', says MPs' report
Young people leaving care are given a "raw deal", according to research for an all party group of MPs. Full story: BBC News.

A v A [2013] EWHC 3554 (Fam) (07 November 2013)
Interim care order made after return of children from Pakistan, in accordance with earlier order. Full report: Bailii.

K (A Child: Therapy), Re [2013 EWHC B20 (Fam) (19 February 2013)
Wardship proceedings relating to a sixteen year old girl. Judgment relating to the provision of therapy for her. Full report: Bailii.

K (A Child: Wardship: Publicity), Re (No 2) [2013 EWHC B21 (Fam) (08 November 2013)
Wardship proceedings relating to a sixteen year old girl. Judgment relating to issue of publicity. Full report: Bailii.

H (A Child) [2013] EWCA Civ 1440 (30 October 2013)
Grandmother's application for permission to appeal an order for indirect contact between her and her granddaughter after a previous order for direct contact had failed because the child refused to see her. Application for permission to appeal was granted. Full report: Family Law Hub.

N (Children) [2013] EWCA Civ 1381 (3 October 2013)
Appeal by F against an order which altered the existing requirement for provision of staying contact on the basis that the judge considered it was simply impossible for him to sanction any form of order that went beyond a concession by the M (that of daytime contact). The appeal was dismissed but the M was then urged, as a matter of priority, to file her statement explaining what had happened in relation to contact so that the case could be concluded. Full report: Family Law Hub.

B (A Child) [2013] EWCA Civ 1434 (13 November 2013)
Care proceedings. Appeal by mother against decision that the court had jurisdiction notwithstanding that the child was habitually resident in Sweden. Appeal allowed. Full report: Bailii.

Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)
Divorce and financial remedy proceedings. Judgment regarding dispute as to appointment of litigation friend for the husband. Full report: Bailii. See also the news story, above.

Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)
Sentencing judgment in relation to contempt proceedings in respect of three members of mother's family who refused to divulge her whereabouts after location order made. Full report: Bailii.

London Borough of Ealing v Connors [2013] EWHC 3493 (Fam) (11 October 2013)
Care proceedings. Application by local authority for committal of the mother for breach of a collection order. Full report: Bailii.

A Local Authority v SY [2013] EWHC 3485 (COP) (12 November 2013)
Application by a local authority in the Court of Protection in respect of the capacity of the Respondent to litigate and to make decisions in relation to her life. Full report: Bailii.

Wakefield City Council v Rogers [2013] EWCC 8 (Fam) (09 October 2013)
Application by local authority for committal of the defendant for breach of an order prohibiting him from having contact with a young person in its care. Full report: Bailii.

W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off
Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227. Full article: Family Law Week.

Minors subject to immigration control
A series of articles for family lawyers about how to get the best for clients who are minors subject to immigration control. Full articles: Family Law.

Children need contact centres
Child contact centres are a lifeline for families and must be put on a statutory footing, says Emma Hopkins, in this article in the Law Society Gazette.

Private Law Thoughts
Lucy Reed has been reviewing the Children & Families Bill in light of the Child Arrangements Programme proposed by the working group on private law proceedings, in this post on Pink Tape.

The new CAP for private law work – will it fit and do we want to wear it?
"Following the flood of recent information and directives in relation to the public law outline, it was only a matter of time before the President turned his attentions to the system of private law children work." Full post: Family Law Blog.

Pure and Simple – the Court of Appeal attack hearsay
Suesspiciousminds looks at the case Re W (Fact Finding : Hearsay) 2013, in this post.

Opening up the family courts: can the “doubters” ever be satisfied?
A look at the speech of our ubiquitous President to the Society of Editors. Full post: Marilyn Stowe Blog.

DOWN: Private Law Programme. UP: Child Arrangements Programme?
A look at the Private Law Working Group report regarding the resolution of private law disputes in and out of court. Full post: Marilyn Stowe Blog.

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