Monday, July 03, 2017

News Essentials: 3rd July 2017


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

NEWS
'Access Denied': Law Society's 25-point plan to salvage civil justice
The Law Society is calling for a root-and-branch overhaul of civil legal aid provision to help repair the damage inflicted by deep cuts four years ago. Full story: Law Society Gazette.

Length of care proceedings begins to creep up
New cases started in family courts up 4% on a year ago. Full story: Family Law Week.

MIAMs down 5% on year ago
Mediation starts also down on a year ago. Full story: Family Law Week.

Paid McKenzie’s conduct ‘utterly inconceivable’, says judge
A paid McKenzie friend has been denied permission to appeal against a decision that banned him from being involved in a family dispute and criticised for describing himself as a ‘quasi-solicitor’. Full story: Law Society Gazette. See report, below.

Charlie Gard parents lose European court appeal
Judges at the European Court of Human Rights have rejected a plea from the parents of terminally-ill baby Charlie Gard to intervene in his case. Full story: BBC News.

British Sikh couple take legal action after being advised not to adopt
A British Sikh couple are bringing a legal case, claiming they were advised by an adoption agency not to apply because of their “cultural heritage”. Full story: The Guardian.

“Children Deserve More” – Child Maintenance Service loopholes deny children the support they deserve
The child maintenance system is failing to ensure children receive the appropriate level of support they are entitled to, according to a new report by Gingerbread. Full story: Gingerbread.

CASES
Welch v Welch [2017] EWFC B32 (19 June 2017)
Application by husband for declaration that sale documents could be sent to wife without naming purchasers, to prevent wife frustrating order for sale. Full report: Bailii.

M (Children) [2017] EWCA Civ 891 (29 June 2017)
Appeal by father against refusal to enforce Estonian contact order, on the basis that the order required the contact to be supervised, and there was no child welfare authority or child care professional willing to supervise the contact and no order could be made to compel this. Appeal dismissed. Full report: Bailii.

H (Children : exclusion of Mackenzie friend) [2017] EWFC B31 (05 March 2017)
Application by mother in contact proceedings for permission to appeal against order excluding McKenzie friend from future involvement with the proceedings. Permission refused. Full report: Bailii.

A Local Authority v The Mother & Anor [2017] EWHC 1515 (Fam) (19 May 2017)
Care proceedings regarding baby of mother from ethnic minority community, in which the mother agreed to adoption but did not want the father to be given notice of the proceedings, as the mother feared the reaction from her family and in the community within which she lives. Full report: Bailii.

CS & Anor v PD [2017] EWHC 1514 (Fam) (07 April 2017)
Application by mother to set aside order requiring her to return children to America, on the basis of a subsequent change in circumstances, namely a deterioration in her mental health, which could deteriorate further if the children had to return to America. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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