Tuesday, December 24, 2013
News Update: 24th of December 2013
WELCOME to this week's Family Lore News Update.
Adoption: £50 million funding boost and new interactive maps
Children’s Minister Edward Timpson announces new resources to help would-be adopters find a child to adopt - plus more cash for councils. Full story: Department for Education.
High Court judge says warring parents cause 'untold damage' to children
Mrs Justice Parker reverses living arrangements of three brothers after hearing of 'parental manipulation'. Full story: The Telegraph.
Transfer of Mr Justice Charles from the Family Division to the Queen’s Bench Division of the High Court and appointment as the Vice-President of the Court of Protection
The Lord Chief Justice, following consultation with the Lord Chancellor, will transfer Mr Justice Charles from the Family Division of the High Court to the Queen’s Bench Division of the High Court with effect from 13 January 2014, and appoint him as Vice-President of the Court of Protection, for a three-year term, from the same date. Full story: Judiciary of England and Wales.
Domestic abuse: half a million victims 'too terrified to come forward'
Study uncovers hidden casualties of violence, many of them too scared to report the crime. Full story: The Observer.
BAAF rated ‘outstanding’ in recent Ofsted inspection
The British Association for Adoption and Fostering has been rated as 'outstanding' once again by Ofsted in its recent inspection. Full story: Family Law Week.
Court statistics (quarterly) July to September 2013
This bulletin presents National Statistics on activity in the county, family, magistrates’ and Crown courts of England and Wales. Full story: Ministry of Justice. See also this story on Family Law Week.
Child protection head leaves Devon County Council
The head of children and adult protection at Devon County Council has left his £95,000 job. Full story: BBC News.
Divorced wife 'cheated out of millions after husband failed to reveal assets’
A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Full story: The Telegraph.
Child abuse investigations have risen by 42% over past three years
In 2012/13 there were 127,000 investigations launched across the country into children thought to be at risk of child abuse or neglect. This is a 42% increase in investigations since 2009/10, according to figures revealed by Sky News. Full story: Family Law.
C-section case shows need for radical changes on transparency: Munby
The high-profile case involving an enforced Caesarean section stands as a “final, stark and irrefutable demonstration” of the pressing need for radical changes in the way in which both the family courts and the Court of Protection approach transparency, the President of the Family Division has said. the P (A Child) case - see below. Full story: Local Government Lawyer.
Judge Sir Paul Coleridge disciplined for stating views on traditional marriage
Official body with responsibility for judicial conduct hands outspoken High Court judge a formal warning. Full story: The Telegraph.
Domestic violence victims' personal details should stay secret, says Labour
Adoption of 'Eve's law' would exempt victims of domestic abuse from disclosing their personal details in public. Full story: The Guardian.
The Family Procedure (Amendment No.3) Rules 2013
These Rules amend the Family Procedure Rules 2010. The majority of the amendments made to the FPR 2010 by these Rules are made to reflect the creation of the family court.
Llewelyn v Rickard  EWCA Civ 1677 (5 November 2013)
Application for permission to appeal against a ruling that the appellant had no beneficial interest in the family home. Application granted. Full report: Family Law Hub.
A Local Authority v C  EWHC 4036 (Fam) (16 September 2013)
Application by local authority for a without notice order enabling them to remove child from mother immediately after birth. Full report: Bailii. See also the blog post below.
M (Children), Re  EWHC 3758 (Fam) (07 November 2013)
Care proceedings concerning four children of two fathers, in which the mother passed the children into the care of her parents. Full report: Bailii. See also the blog post below.
Kinderis v Kineriene  EWHC 4139 (Fam) (18 December 2013)
Hague Convention proceedings in which the father sought the return of the child to Lithuania and the mother raised an Article 13 defence. Full report: Bailii.
Button v Salama  EWHC 4152 (Fam) (19 December 2013)
Further 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.
D (A Child)  EWHC 4078 (Fam) (18 December 2013)
Care proceedings in which the mother sought a transfer of the proceedings to the courts of the Czech Republic for disposal there. Full report: Bailii.
Whiting, Re  EWHC B27 (Fam) (13 December 2013)
Application brought by the director of Adult Services to commit person in a relationship with a vulnerable adult for breach of an injunction made by a district judge in the Court of Protection. Full report: Bailii. See also the blog post below.
E (A Child), Re  EWHC 3453 (Fam) (19 December 2011)
Care proceedings involving a Nigerian child where the parties claiming to be her parents were found not to be. Full report: Bailii.
L County Council v MD & Anor  EWHC B25 (Fam) (06 December 2013)
Application by local authority to commit parents for failure to comply with orders requiring them to identify the children's whereabouts. Full report: Bailii.
NHS v VT & Anor  EWHC B26 (Fam) (13 November 2013)
Application by NHS Trust for a declaration, both in respect of capacity and in relation to medical treatment, of a patient in their care. Full report: Bailii.
TAQ v AA  EWCA Civ 1661 (19 December 2013)
Application for permission to appeal against dismissal of application challenging the lawfulness of a Standard Authorisation made under Schedule A1 of the MCA authorizing the deprivation of appellant's son's liberty. Application dismissed. Full report: Bailii.
TM, Re  EWHC 4103 (Fam) (17 December 2013)
Application by NHS Trust for the consent of the court to certain medical treatment of a seven-year-old child. Full report: Bailii.
J & R (Children), Re  EWHC 4100 (Fam) (15 July 2013)
Care proceedings. Application by parents for adjournment for further assessment by consultant regarding injuries to child. Full report: Bailii.
Hertfordshire County Council v H  EWHC 4049 (Fam) (05 July 2013)
Application by a local authority to withdraw care proceedings. Application granted. Full report: Bailii.
Torrington v Torrington  EWCA Civ 1631 (21 November 2013)
W's application for permission to appeal from a judgment and order that a separation agreement made 20 years earlier, but never made an order of the court, should become an order of the court. Application refused. Full report: Family Law Hub.
J (Child)  EWCA Civ 1685 (18 December 2013)
Appeal by mother against care order. Appeal dismissed. Full report: Bailii.
TM, Re  EWHC 4043 (Fam) (12 December 2013)
Judgment concerning injunction on reporting in proceedings concerning application by NHS Trust for the consent of the court to certain medical treatment of a seven-year-old child. Full report: Bailii. See also the blog post below.
A Local Authority v DB (Mother) & Ors  EWHC 4066 (Fam) (06 December 2013)
Care proceedings. Fact-finding hearing concerning issue of whether injuries to child were non-accidental. Full report: Bailii.
Z v Y  EWHC 3381 (Fam) (05 November 2013)
Application by father for return of child under Hague Convention. Application granted. Full report: Bailii.
P (A Child)  EWHC 4048 (Fam) (17 December 2013)
Judgment on application for reporting restriction in 'forced caesarean' case. Full report: Bailii. See also the news story above and the blog posts, below.
P, Re  EWHC 4037 (Fam) (13 December 2013)
Application for reporting restriction in 'forced caesarean' case. Full report: Bailii.
The Court of Protection and declarations of capacity
When should the Court of Protection decline to make a declaration as to capacity? The CoP team at 39 Essex Street report on an important ruling. Full article: Local Government Lawyer.
Relief from Sanctions after Mitchell and Durrant
"The issue of relief from sanctions goes wider than that of costs budgeting (Mitchell MP v News Group Newspapers Ltd  EWCA Civ 1537)." Says David Burrows. in this article on Family Law.
Children: Private Law Update (December 2013)
Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts. Full article: Family Law Week.
“Will you walk a little faster, said a whiting to a snail”
An application (unsuccessful) to commit Mr Whiting for alleged breaches of an injunction made in the Court of Protection. Re Whiting 2013 [above]. Full post: suesspiciousminds.
Section 37 reports are not a vehicle into which to pour professional angst
The High Court decision in Re M (Children) 2013 [above], and the strong judicial comments about the need for section 7 and s37 reports to properly analyse the issues, AND a warning for Local Authorities who try to avoid responsibility for children in designated authority disputes. Full post: suesspiciousminds.
Secret decision to remove
Suesspiciousminds examines A Local Authority v C 2013 [above], in this post.
Reporting restriction order
There is a new Reporting Restriction Order case up – Re TM  EWHC 4043 [above], decided by Holman J. Full post: suesspiciousminds.
Now you found the secret code I use
Suesspiciousminds gives us the low-down on the 'Freedom of the Land' movement. Full post: suesspiciousminds.
Anonymity in the courts: Part 1, the “forced Caeserean”
Rosalind English looks at AA, Re (Including: note by Mr Justice Mostyn) 4 December 2013  EWHC B24 (COP) and In the matter of P (a child) 13 December 2013  EWHC 4048 (Fam). Full post: UK Human Rights Blog.
Blogosphere in the Judgosphere
"Today, “blogosphere” entered the judicial lexicon and I appeared in my first reported judgment." Says Lucy Reed, referring to the judgment in P (A Child) [above]. Full post: Pink Tape.
conditions on placement order, what does the Fox say ? (By fox, i mean Court of Appeal)
"The Court of Appeal in Re A (Children) 2013 grappled with an interesting issue." Says suesspiciousminds. Full post: suesspiciousminds.
It’s clobbering time ! Or not, as it turns out – Italian C-section case, the President’s judgment
The prolific suesspiciousminds examines the reporting restriction judgment in P (A Child) [above], in this post.