News Essentials: 20th February 2017

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

Prime Minister's plans to transform the way we tackle domestic violence and abuse
Prime Minister Theresa May announced plans for a major programme of work leading towards bringing forward a Domestic Violence and Abuse Act. Full story: Ministry of Justice.

Kirkless council breached parents’ human rights by removing baby
Council ordered to pay £11,250 after removing week-old baby over father’s ‘unorthodox views’ about benefits of formula milk. Full story: The Guardian. See CZ (Human Rights Claim: Costs), below.

Guidance issued on DoLS and intensive care after landmark ruling
The judgment held that “in general” there could be no deprivation of liberty under human rights law when a person is receiving lifesaving treatment. Full story: Community Care.

Government rebuffs latest calls for no-fault divorce
Widespread calls to reform divorce laws appear to be falling on deaf ears after the government confirmed it has no current plans to change existing legislation. Full story: Law Society Gazette.

University professor’s challenge to the validity of his 16 year marriage fails
Court of Appeal applies ‘presumption of marriage’ to Syrian couple’s relationship. Full story: Family Law Week. See Hayatleh v Mofdy, below.

Woman seeks to end 39-year marriage in Valentine's Day court appeal
Tini Owens is appealing against judge’s ‘extraordinarily unusual’ refusal to grant her a divorce last year. Full story: The Guardian.

Divorcees don't need to afford lifestyle they were accustomed to in marriage, Court of Appeal judge says as he rules against ex-wife
Divorcees do not need to be able to afford the lifestyle they were accustomed to in marriage, a Court of Appeal judge has suggested as he rejected an ex-wife’s bid to increase her settlement. Full story: The Telegraph.

Divorced parents who pit children against former partners 'guilty of abuse'
Divorced parents who "brainwash" their children against ex-partners are guilty of “abuse”, the head of the agency that looks after youngsters' interests in family courts has said. Full story: The Telegraph.


D v D [2016] EWHC 3546 (Fam) (15 December 2016)
Application under the inherent jurisdiction by the father for the return to Northern Cyprus of his son. Full report: Bailii.

K and D (Wardship Without Notice Return Order) [2017] EWHC 153 (Fam) (02 February 2017)
Application by local authority seeking permission to invoke the inherent jurisdiction and, thereafter, orders in wardship in respect of two children, including orders for their summary return to the jurisdiction from Cyprus. Full report: Bailii

CZ (Human Rights Claim: Costs) [2017] EWFC 11 (16 February 2017)
Claim for damages by parents and child in relation to an interim care order obtained by the local authority. Full report: Bailii.

Hayatleh v Mofdy [2017] EWCA Civ 70 (14 February 2017)
Appeal against a decision where a marriage in Syria was found to be valid and therefore open to divorce proceedings in the UK. Full report: Family Law Week.

Martins, Re [2016] EWCOP 45 (10 June 2016)
Court of Protection proceedings concerning 81 year old man with dementia, who was currently living in Portugal. Full report: Bailii.

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