News Essentials: 17th October 2016

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

Leading family lawyer calls for action on 'endemic' court delays
The government needs to take urgent action to secure the viability and sustainability of the family courts in response to the rising number of litigants and a sharp decline in funding, a leading family lawyer has said. Full story: Solicitors Journal.

Civil partner wins appeal against estate of former partner who hid assets
Court confirms that Sharland and Gohil apply to civil partnership dissolutions. Full story: Family Law Week. See Roocroft v Ball, below.

Cafcass private law demand
In September 2016, Cafcass received a total of 3,588 new private law cases. This is a 19% increase on September 2015 levels. Full story: Cafcass.

Care applications in September 2016
In September 2016, Cafcass received a total of 1,216 care applications.  This figure represents a 23% increase compared to those received in September 2015. Full story: Cafcass.

MIAMs information not completed on 40% of divorce applications
Figures revealed following FOI request by National Family Mediation. Full story: Family Law Hub.

Bankrupt cannot be forced to access pension pots to repay debts, Court of Appeal confirms
A bankrupt individual that has chosen not to access his pension savings cannot be forced to do so in order to repay debts, the Court of Appeal has confirmed. Full story: See Horton v Henry, below.

Roocroft v Ball [2016] EWCA Civ 1009 (14 October 2016)
Appeal against order dismissing application to set aside settlement on grounds of non-disclosure by deceased former civil partner. Appeal allowed. Full report: Family Law Week.

Re B-C (A Child) [2016] EWCA Civ 970 (28 July 2016)
Application for permission to appeal brought by a Local Authority following a determination to decline to list the Local Authority's application for an interim care order. Appeal allowed. Full report: Family Law Week.

M (Children) [2016] EWCA Civ 942 (9 August 2016)
Appeal against the decision of Russell J refusing the summary return of two children (JK aged five years eight months and DI aged four years ten months) to the United States of America. Appeal allowed. Full report: Family Law Week.

BK v NK (Suspension of Return Order) [2016] EWHC 2496 (Fam) (03 August 2016)

Application by father for summary return of child to Poland. Return order suspended to give mother time to make an application to Polish court for permission to remove the child from Poland. Full report: Bailii.

Horton v Henry (Rev 1) [2016] EWCA Civ 989 (07 October 2016)
Appeal by trustee in bankruptcy against dismissal of application for income payments order in respect of income which might become payable to the respondent from his personal pension policies.
Appeal dismissed. Full report: Bailii.

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