Monday, January 30, 2017

News Essentials: 30th January 2017


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

NEWS
Divorce (Financial Provision) Bill receives its second reading
Baroness Deech’s private member’s bill seeks to replace section 25(2) of the MCA 1973. Full story: Family Law Week.

DfE evaluation of the family drug and alcohol court (FDAC) national unit published
National Unit perceived to have had critical role in the set-up of new FDACs. Full story: Family Law Week.

Divorce order set aside after ‘procedurally unfair’ mistakes
The Court of Appeal has overturned remedy orders in a divorce case after finding a string of procedural errors with how the matter was handled. Full story: Law Society Gazette. See Iqbal v Iqbal, below.

Former banker ordered to hand over foreign pension income to ex-wife in landmark divorce ruling
A former banker who blew his fortune on spread-betting was yesterday ordered to hand over income from a foreign pension to his ex-wife, in what lawyers said was a landmark ruling stopping divorcing spouses concealing assets offshore. Full story: The Telegraph. See Goyal v Goyal, below.

Mr Justice Bodey departs from equality on basis of unmatched contributions
Judgment gives wife 37.5% of £36.95 million. Full story: Family Law Week.

Judge criticises local authority practice in 148 week care proceedings
A total of six social workers were involved in the case leading to failures in working with the family. Full story: Community Care.

CASES
London Borough of Hackney v Williams & Anor [2017] EWCA Civ 26 (26 January 2017)
Appeal by local authority against finding of breach of Art 8 rights of parents in care proceedings. Appeal allowed. Full report: Bailii.

X v X (anonymisation) [2016] EWHC 3512 (Fam) (16 December 2016)
Judgment concerns an issue about the anonymisation, or not, of a financial remedy judgment. Full report: Bailii.

Iqbal v Iqbal [2017] EWCA Civ 19 (25 January 2017)
Appeals by husband against various orders made in financial remedy proceedings, including interim periodical payments, judgment summonses and final order. Full report: Bailii.

Briers v Briers [2017] EWCA Civ 15 (25 January 2017)
Appeal by husband against financial remedies order. Appeal dismissed. Full report: Bailii.

DB v PB [2016] EWHC 3431 (Fam) (22 December 2016)
Final hearing of applications for ancillary relief, for provision pursuant to Schedule 1 of the Children Act 1989, and for an order for sale of the former matrimonial home pursuant to section 17 of the Married Women's Property Act 1882. Full report: Bailii.

Bezeliansky v Bezelianskaya [2016] EWCA Civ 76 (24 January 2017)
Applications by husband for permission to appeal against variation of capital provision in consent order and to appeal against three committal orders. Full report: Bailii.

N (Hague Convention: Habitual Residence), Re [2017] EWHC 63 (Fam) (24 January 2017)
Application by mother, seeking return of 3 year old daughter to Canada. Application dismissed. Full report: Bailii.

Goyal v Goyal (No. 3) [2017] EWFC 1 (16 January 2017)
Further judgment in long-running ancillary relief proceedings, dealing with outstanding issues, including the variation of a periodical payments order. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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