Monday, February 06, 2017

News Essentials: 6th February 2017


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

NEWS
Court of Appeal applies Wyatt v Vince in 'delay' case
Husband’s claim that court had paid insufficient regard to wife's delay rejected. Full post: Family Law Week. See Briers v Briers.

Consent ‘not required’ for section 20 accommodation, judge says
The Court of Appeal has said good practice guidance set out by Sir James Munby should still be followed, but not meeting it doesn't necessarily mean there is an 'actionable wrong'. Full story: Community Care. See London Borough of Hackney v Williams & Anor.

Munby: court did not ‘cave in’ over release of jailed 71-year-old
The senior family judge has insisted the Court of Appeal has not ‘caved in’ at the ‘first sign of obduracy’ following the release of a 71-year-old jailed for contempt. Full story: Law Society Gazette. See MM (A Patient), below.

Court makes landmark ruling on deprivation of liberty and medical care
The judgement was made in the case of a woman with Down's syndrome and learning disabilities, who died in intensive care in 2013. Full story: Community Care. See Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London.

Court bans children from seeing transgender parent because it is 'incompatible' with their Ultra-Orthodox Jewish faith
A transgender woman has been banned from seeing her five children after a family court ruled it was not compatible with her ex-wife's ultra-orthodox Jewish background. Full story: The Independent. See J v B, below.

CASES
S (A Child), Re [2017] EWCA Civ 44 (02 February 2017)
Appeal by mother against findings of fact made in the context of private law proceedings concerning 8 year old child. Full report: Bailii.

J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4 (30 January 2017)
Contact application by transgender father of children belonging to Charedi Jewish community. Full report: Bailii.

MM (A Patient) [2017] EWCA Civ 34 (30 January 2017)
Appeal against order requiring appellant to sign documentation to facilitate the return of the patient from Portugal. Full report: Bailii.

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For more cases, see here.

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