Monday, April 03, 2017

News Essentials: 3rd April 2017


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

NEWS
Resolution says no fault divorce mustn't be shelved by Brexit
Warning comes as 600 people every day “running the gauntlet” of a divorce system that encourages conflict, says top family lawyer. Full story: Resolution.

MoJ publishes legal aid statistics for October to December 2016
MIAMs and mediations both down on a year ago. Full story: Family Law Week.

Average time for disposal of care cases in 2016 falls to 26.9 weeks
The Ministry of Justice has published statistics on activity in the family courts of England and Wales in 2016 and the fourth quarter of 2016 (October to December). Full story: Family Law Week.

Parents' court fight over taking son, 5, to country suffering terror attacks
A father insisted on taking his five-year-old son to a conflict-riven country to visit relatives in defiance of the child’s mother, who was terrified he would be placed at serious risk. Full story: The Telegraph. See W (A Child: Temporary Removal From the Jurisdiction), below.

Watchdog finds £3bn in child support arrears may never be collected
Results follow National Audit Office’s examination of winding up former Child Support Agency and its replacement by new Child Maintenance Service. Full story: The Guardian.

CASES
H-W (Child), Re [2017] EWCA Civ 154 (30 March 2017)
Appeal by father against order limiting his contact with child to indirect contact only. Appeal dismissed. Full report: Bailii.

MH (A Child), Re [2017] EWHC 691 (Fam) (13 March 2017)
Application by mother for permission to appeal against order regulating holiday trips with the child to her native Poland. Full report: Bailii.

Re D and Others (Children) [2017] EWHC 284 (Fam)
Judgment on the issue of costs arising from an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Full report: Family Law Week.

D (A Child) [2017] EWCA Civ 196 (29 March 2017)
Appeal by local authority against the dismissal of application for a care order, in which the central issue was whether the child had suffered a shaking/shaking impact injury whilst she had been in the sole care of her father. Appeal allowed. Full report: Bailii.

Z (A Child) [2017] EWCA Civ 157 (28 March 2017)
Appeal concerning issue of who should bear the costs of translating documents in public law proceedings. Full report: Bailii.

Assoun v Assoun [No 2] [2017] EWCA Civ 179 (28 March 2017)
Application by husband for permission to re-open appeal against Hadkinson Order, to amend his grounds of appeal and to rely upon further evidence. Application dismissed. Full report: Bailii.

Assoun v Assoun [No 1] [2017] EWCA Civ 21 (28 March 2017)
Appeal by husband against Hadkinson Order prohibiting him from proceeding with application to vary maintenance order whilst he was in breach of that order. Appeal dismissed. Full report: Bailii.

Hand and another v George and another [2017] EWHC 533 (Ch) (17 March 2017)
Inheritance – Adopted children – Will written in 1946 – Domestic law did not include adopted children within the term ‘children’ for the purposes of this will – Whether the Art 14 and Art 8 rights of the grandchildren could be upheld. Full report: Family Law.

W (A Child: Temporary Removal From the Jurisdiction) [2016] EWFC 45 (20 April 2016)
Judgment in proceedings concerning the temporary removal of a child to a country that is not a signatory to the Hague Convention on child abduction. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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