Monday, September 18, 2017

News Essentials: 18th September 2017


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

NEWS
E-working in the family jurisdiction and our plans for reform
The attached paper has been produced to provide judiciary and operational colleagues with a much needed update about our plans for the future in relation to e-working in the family jurisdiction. Full story: Courts and Tribunals Judiciary.

Cafcass private law demand
In August 2017, Cafcass received a total of 3,718 new private law cases. This is an 8% increase compared with those received in August 2016. Full story: Cafcass.

Care applications in August 2017
In August 2017, Cafcass received a total of 1,241 care applications. This figure represents a 1.5% decrease compared with those received in August 2016. Full story: Cafcass.

President issues new PD12J - Child Arrangements and Contact Orders: Domestic Abuse and Harm
The President of the Family Division has issued a circular dealing with domestic abuse and containing a new PD12J, which comes into force on 2 October 2017. Full story: Family Law.

Settlement Conferences pilot and evaluation
Some Designated Family Judge areas are piloting ‘settlement conferences’. Full story: Courts and Tribunals Judiciary.

Social worker criticised for ‘factually impoverished’ evidence in court
Judge Moradifar said the social worker's evidence was some of the most "unhelpful" he'd ever heard. Full story: Community Care. See Re E & N (No. 3).

CASES
FE v YE [2017] EWHC 2165 (Fam) (25 August 2017)
Application by father for summary return of children to Israel, where mother was seeking asylum for herself and children. Full report: Bailii.

Re J (Care Proceedings: Apportionment of Experts' Fees) [2017] EWFC (8 August 2017)
Costs – Care proceedings – Experts’ fees – Apportionment of cost. The court ordered that the cost of expert reports should be apportioned equally between the local authority and the guardian. Full report: Family Law.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Monday, September 11, 2017

News Essentials: 11th September 2017


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

NEWS
Returning jihadis will end up in family courts, Lord Chief Justice warns
British jihadis returning from Syria will put pressure on the family courts over the next year, the Lord Chief Justice has said. Full story: The Telegraph.

Welsh Government launches consultation on cross-border secure accommodation placements
Consultation focuses on local authorities’ duties. Full story: Family Law Week.

Serious case review questions ‘value’ of supervision orders
Review says murder of Ayeeshia-Jayne Smith by her mother could not have been predicted, but criticises ‘lack of professional curiosity’. Full story: Community Care.

London borough finds interim placement for teenager after judicial criticism
Southwark Council has now said it has found an interim placement for a troubled teenager after criticism from a judge. Full story: Local Government Lawyer. See F (A Minor : secure accommodation resources).

Welsh Government consults on SGOs
New code of practice to come into force in July 2018. Full story: Family Law Week.

Launch of IFLAS – International Family Law Arbitration Scheme
New innovative arbitration scheme launched. Full story: Family Law Week.

CASES
Hart v Hart [2017] EWCA 1306 Civ (31 August 2017)
Appeal by wife against financial award, concerns the approach which the court should take to non-matrimonial property, in this case pre-acquired assets. Full report: Bailii.

Elatawna v Elatawna and the Secretary of State for the Home Department [2017] EWHC 2165 (Fam) (25 August 2017)
Abduction – Immigration – Hague Convention application – Pending asylum appeal – Whether a return order could be made. The return order was stayed until 15 days after the determination of the mother’s asylum appeal. Full report: Family Law.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, September 08, 2017

Misbehavin'


My posts this week on Marilyn Stowe’s Family Law & Divorce Blog were mostly, but not exclusively, about parties behaving unreasonably. They included:

Behaviour of parties and the limits of the court’s power - There are limits to the court’s power to make parties behave in a reasonable fashion.

Should there be a cut-off for pre-acquired assets? - Some thoughts following the Hart case.

Father committed to prison for breach of contact order in ‘tit-for-tat’ case - The recent case Richards v Martin.

Some comments on dealing with parental alienation - As the title says.

Have a good weekend.

Monday, September 04, 2017

News Essentials: 4th September 2017


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

NEWS
Final Report on litigants who lack litigation capacity in Care proceedings published
Key recommendations published. Full story: Family Law Week.

Divorce ruling 'leaves law in state of flux'
Family lawyers predict a rise in the number of couples seeking prenuptial agreements after the Court of Appeal dismissed a woman's bid for an equal share of her and her ex-husband's assets. Full story: Law Society Gazette.

Munby P: Government support for LiPs ‘sadly inadequate’
Family court procedures and rules are unintelligible to litigants in person. Full story: Solicitors Journal.

Girl at centre of fostering row should live with grandmother, says judge
Judge Khatun Sapnara ends placement of five-year-old with Muslim family in case seized on by far-right activists. Full story: The Guardian. See report, below.

CASES
F (A Minor : secure accommodation resources) [2017] EWHC 2189 (Fam) (24 August 2017)
Judgment concerning the accommodation of a 14 year old boy with conduct disorder. Full report: Bailii.

The Child AB: Case Management Order – No. 7 [2017] EWFC B53 (30 August 2017)
Judgment in proceedings relating to placement of Christian child with Muslim foster parents. Full report: Bailii.

SR v NM [2017] EWHC 2187 (Fam) (11 August 2017)
Application for committal of father for failure to comply with contact order. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, September 01, 2017

Listen to me - I know best


It may have been a short week, but I still had plenty of time to demonstrate my expertise on Marilyn Stowe’s Family Law & Divorce Blog, in the following posts:

What we are all really thinking about children disputes - Hard truths for parents.

Basic advice for litigants - As the title says.

Expertise and the arrogance trap - Why experts could do with being a little more humble.

Have a good weekend.