Monday, February 01, 2016

News Essentials: 1st February 2016

A brief summary of the essential family law news and cases from the last week:

HHJ Bellamy issues local section 20 practice guidance
In the light of recent developments in case-law in respect of the use (and misuse) of s 20, Children Act 1989 by local authorities when children are voluntarily accommodated in their care, Leicester Designated Family Judge, HHJ Bellamy, has issued local section 20 practice guidance. Full story: Family Law.

Court of Protection to increase transparency with start of pilot scheme
A pilot scheme begins today which will see the public and media gain access to Court of Protection hearings across England and Wales for the first time. Full story: Family Law.

The ICACU releases guidance on care cases with an international element
The International Child Abduction and Contact Unit (ICACU) has published a form and guidance notes where co-operation into and out of the jurisdiction under either Brussels IIa or under the 1996 Hague Convention is required in care proceedings. Full story: Family Law.

LiPs ‘behind unfair’ divorce settlement
A High Court judge has granted permission for a woman to appeal her divorce settlement, after a lack of representation due to legal aid cuts led a district judge to conclude incorrectly that she was a liar and a bigamist. Full story: Law Society Gazette. See Azizi v Aghaty, below.

Parker J provides comprehensive review of the law and guidance on committal applications
In W v H (No 2) (Contempt Contents of Application Notice) [2015] EWHC 2436 (Fam) Parker J provides a comprehensive review of the law and guidance on the subject of committal applications in her decision on a wife's application for committal in respect of the husband's alleged breaches of a lump sum order and undertakings. Full story: Family Law.

Senior judges lambast government over court fees
Deep divisions between the government and judiciary over court fee increases were today laid bare through a rare barrage of public criticism. Full story: Law Society Gazette.

Q v Q (No 3) [2016] EWFC 5 (28 January 2016)
Applications by the father for contact and by the mother for an order under s.91(14). Applications dismissed. Full report: Bailii,

S (A Child) [2015] EWCA Civ 1345 (3 November 2015)
Appeal against direction in second adoption proceedings allowing admission of report criticised in successful appeal against earlier adoption order. Appeal allowed. Full report: Family Law Week.

F (Children) [2015] EWCA Civ 1315 (26 November 2015)
Appeal by mother against order for no contact, save as agreed. Appeal allowed. Full report: Family Law Week.

Azizi v Aghaty [2016] EWHC 110 (Fam) (13 January 2016)
Appeal by wife against financial remedies order. Appeal allowed on the ground that the district judge had wrongly concluded that the wife had committed bigamy. Full report: Bailii.

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For more cases, see here.

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