Monday, November 06, 2017

News Essentials: 6th November 2017


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

NEWS
Report published on progress towards ratifying Istanbul Convention
Government to introduce Domestic Abuse Bill. Full story: Family Law Week.

Court of Protection Rules 2017 set out consolidated practice and procedure of CoP
2007 Rules revoked and replaced from 1 December 2017. Full story: Family Law Week.

Divorced women are missing out on £5bn in pension payments every year, says Scottish Widows
Nearly three-quarters of divorced people did not discuss pensions during divorce proceedings. Full story: Family Law Week.

Civil news: funding in international child rights of access cases
Clarification of funding arrangements in Article 21 of 1980 Hague Convention for cross-border disputes about rights of access to a child. Full story: Legal Aid Agency.

New FPR Part 3A - Vulnerable Persons: Participation in Proceedings and Giving Evidence
A new Part 3A to the Family Procedure Rules 2010 has been published, which comes into force on 27 November 2017. It makes provision in relation to vulnerable persons (parties and witnesses), including protected parties, in family proceedings. Full story: Family Law.

Daughters of brain-damaged woman win case for removal of feeding tube
Children of Mrs P have been embroiled in legal battle with patient’s sisters over the ongoing care of 72-year-old following a fall in February. Full story: The Guardian. See Salford Royal NHS Foundation Trust v Mrs P & Anor, below.

Divorce law in England and Wales increases conflict and suffering for separating couples and their children, encourages dishonesty, and undermines the aims of the family justice system
New research published today by the Nuffield Foundation shows that divorce law in England and Wales is incentivising people to exaggerate claims of ‘behaviour’ or adultery to get a quicker divorce. Full story: Nuffield Foundation.

CASES
MA v RA [2017] EWHC 2744 (Fam) (27 October 2017)
Application by father for return of child to America, where mother may have defence, but second child resides with father and mother will have to return to America to resolve position. Full report: Bailii.

N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam) (03 November 2017)
Application by mother to set aside order requiring her to return children from the USA. Full report: Bailii.

ES v OS [2017] EWHC 2735 (Fam) (31 October 2017)
Application by father for return of children to Lithuania. Application adjourned for father to attend, he having on a previous occasion failed to keep a promise not to take the children from the mother upon her return. Full report: Bailii.

S (Child As Parent: Adoption : Consent) [2017] EWHC 2729 (Fam) (02 November 2017)
Adoption of child of 14 year old mother, raising issue of whether the mother was competent to consent to the adoption. Full report: Bailii

Akyuz v Akyuz & Anor [2017] EWHC 2726 (Fam) (25 October 2017)
Application by woman of Turkish heritage for a declaration of parentage, essentially to establish whether a man who died in Turkey in 2016 was her genetic or biological father. Full report: Bailii.

D (A Child) [2017] EWCA Civ 1695 (31 October 2017)
Appeal in proceedings concerning issue of deprivation of liberty of 16 year old placed in a residential unit. Full report: Bailii.

J (A Minor : Revocation of Adoption Order) [2017] EWHC 2704 (Fam) (30 October 2017)
Judgment revoking adoption order, in case in which there was "a complete absence of due process and a wholesale abandonment of correct procedure and guidance". Full report: Bailii.

LG (Re-opening of Fact-finding), Re [2017] EWHC 2626 (Fam) (03 October 2017)
Appeal by mother in private law proceedings against refusal of application for the reopening of findings made by magistrates earlier in the proceedings. Appeal allowed. Full report: Bailii.

Salford Royal NHS Foundation Trust v Mrs P & Anor [2017] EWCOP 23 (30 October 2017)
Application to declare the best interests of a 72 year old woman who, following a fall in December 2016, now lacks the mental capacity to communicate her own wishes and feelings in respect of life sustaining medical treatment. Full report: Bailii.

GP (A Child) [2017] EWCA Civ 1677 (30 October 2017)
Appeal by mother against order that child should be returned to Italy, following her wrongful abduction. Appeal allowed. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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