Monday, January 15, 2018

News Essentials: 15th January 2018


A brief summary of the essential family law news and cases from the last week (or so):

NEWS
Child referred to social services every 49 seconds amid rising reports of domestic violence
Councils warn they face pressures on ‘staggering scale’ as data shows there were 646,120 referrals to children’s services last year – equating to 1,770 referrals per day. Full story: The Independent.

Cost of divorce up 17% in three years amid soaring legal fees and housing costs
Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property. Full story: The Independent.

Court rules children of learning-disabled mother can be adopted despite criticising council
Judge highlights lack of training and protocol around parents with learning disabilities but stresses support must not become 'substituted parenting'. Full story: Community Care. See A Local Authority v G, below.

Solicitor Gauke is named as justice secretary
Solicitor David Gauke was today named as lord chancellor and secretary of state for justice in a surprise element of the government reshuffle. Full story: Law Society Gazette.

Changes to domestic violence evidence requirements come into effect
From today (8 January 2018), victims of domestic violence will get more support in taking abusive former partners to court. Full story: Ministry of Justice.

Changes to family forms from 8 January 2018
The Ministry of Justice has announced that Form FM1, Form A, Form A1, Form B and Form C100 will be amended with effect from 8 January 2018. Full story: Family Law.

CASES
Sargeant v Sargeant & Anor [2018] EWHC 8 (Ch) (09 January 2018)
Inheritance Act claim by wife against estate of late husband who died in 2005, made over 10 years after grant of probate. Permission to make claim out of time refused. Full report: Bailii.

B v C (temporary leave to remove to non-Hague Convention country) [2017] EWFC B97 (12 December 2017)
Cross-applications by the mother for permission to take the child on holidays, including to non-Hague Convention countries, and by the father for a child arrangements order that divides the child’s time broadly equally between his parents. Full report: Bailii.

T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication) [2017] EWFC B1 (5 January 2018)
Care proceedings concerning a child aged 13 years and residing in a specialist residential unit under the auspices of an interim care order. Full report: Bailii.

A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94 (18 December 2017)
Proceedings concerning 3 children, where the primary issue was whether the 2 youngest children could safely be returned to their parents under either a child arrangements order with a supervision order or under a care order, or whether their welfare required that they be placed outside the family for adoption. 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, January 12, 2018

Not a book review: Standard Family Orders Handbook, Volume 1 - Financial and Enforcement


Standard Family Orders Handbook

Volume 1 - Financial and Enforcement

His Honour Judge Edward Hess

£60 - Published by Class Legal, in association with the FLBA: January 2018

Earlier this week I received an enquiry from a legal publisher, asking me if I would be interested in reviewing a book for them. I replied, saying that unfortunately I do not presently have the time to do justice to reviewing a book. Two days later I received a review copy of Standard Family Orders Handbook, Volume 1 - Financial and Enforcement from another legal publisher.

I am in luck, however, as the Handbook, as I shall call it, does not require a review, as it is an essential purchase for all practitioners.

As you will no doubt already have gathered, the Handbook contains the Standard Financial and Enforcement Orders referred to in the Practice Guidance issued by the President last November. It also includes a commentary on how and when to use each order written by HHJ Hess, together with useful practice points interwoven into the orders. As with the original orders, green colouring is used where the draft orders incorporate an editorial comment, and red colouring used where a selection has to be made by the person drafting the order.

The orders contained in the Handbook can be created and personalised using the associated website familyorders.co.uk. Purchasers of the Handbook can subscribe to familyorders.co.uk for £39.99 per annum, a saving of £60, making it obvious that subscribers should buy the Handbook as well!

Volume 1 covers finance and enforcement including:

  • Financial Proceedings Directions Orders
  • Financial Remedy Final Orders
  • Miscellaneous Interim Remedies Orders
  • Enforcement Orders
  • Committal Related Orders
  • Arbitration Related Orders

Volume 2, covering children and other issues, will be published this Spring, when those orders are approved. I understand that purchasers of Volume 1 will get a discount on Volume 2, when it is available.

The Handbook can be purchased from Class Legal, here.

Out of touch


Well, I may be, but I still had fun writing my posts for Marilyn Stowe’s Family Law & Divorce Blog this week, which included:

A derogatory prefix does not make it so - If you want to do down the family justice system, you're going to have to do better than that.

A plea for a simpler child maintenance system - Or maybe just return to the old system…

Is the idea of ‘Divorce Day’ offensive? - Some might be offended.

Yet another new Lord Chancellor - David who?

Have a good weekend.

Friday, January 05, 2018

Silly and spurious


It has been a short but nevertheless amusing week for me on Marilyn Stowe’s Family Law & Divorce Blog, where my posts included:

Silly season - Family law news over the Xmas period.

Reform of family law is not a party political thing - It is far more important than that.

A spurious argument for reform - I waste my time going behind the great paywall of Murdoch.

Have a good weekend.

Tuesday, January 02, 2018

News Essentials: 2nd January 2018


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

NEWS
Judge hits out at gay couple whose marriage ran into difficulties after having surrogate daughter
Two married men whose union ran into difficulties after they arranged to have a child by surrogate "abdicated their responsibilities" to the little girl, a High Court judge told them. Full story: The Telegraph. See Y v Z & Ors, below.

Court of Protection: New Practice Directions
The Practice Directions hitherto supplementing the Court of Protection Rules 2007 have been revoked. Full story: Family Law Week.

Judges to revisit case of transgender Jewish woman refused right to see her children
High court judge ‘gave up too easily’ in ruling that woman who left ultra-Orthodox Haredi community in Manchester should not see her five children, appeal court says. Full story: The Guardian. See Re M, below.

Children's experts urge Government to protect children throughout Brexit
Children’s experts from across the UK, including the Children Society and Barnado’s, have come together to form the ‘Brexit and Children’ coalition and have published a report which explores the specific implications of Brexit on children and young people. Full story: Family Law.

CASES
Y v Z & Ors [2017] EWFC 60 (04 August 2017)
Application for parental order following international surrogacy arrangement. Full report: Bailii.

Re W (A Child) [2017] EWCA 2152 (Civ) (12 December 2017)
Appeal by mother against order for return of child to the USA. Appeal dismissed. Full report: Bailii.

L v F [2017] EWCA Civ 2121 (20 December 2017)
Appeal by father against decision allowing an appeal by mother against refusal of her application to relocate with child to Italy. Appeal allowed. Full report: Bailii.

F v L [2017] EWHC 1377 (Fam) (09 June 2017)
Appeal from a decision refusing an application by mother to relocate to Italy with her son aged five, and a child arrangements order. Appeal allowed. Full report: Bailii.

L-S (A Child) [2017] EWCA Civ 2177 (20 December 2017)
Appeal by mother against order requiring the return of the child to the United States. Appeal allowed. Full report: Bailii.

Lewis v Warner [2017] EWCA Civ 2182 (19 December 2017)
Appeal by the daughter against an order that the property of her deceased mother's estate be transferred to the surviving unmarried partner for full value (or possibly more than full value), such transfer being regarded as “reasonable financial provision” for the partner’s “maintenance” within the meaning of those terms in subsections 1(1) and 1(2)(b) and sections 2 and 3 of the Inheritance (Provision for Family and Dependents) Act 1975. The appeal was dismissed. Full report: Bailii, via Family Law Hub.

L (Children), Re [2017] EWCA Civ 2173 (20 December 2017)
Application by mother for permission to appeal order refusing her permission to oppose adoption applications in respect of the children. Application refused. Full report: Bailii.

M (Children), Re [2017] EWCA Civ 2164 (20 December 2017)
Appeal by transgender father of children belonging to Charedi Jewish community against order dismissing his application for direct contact with the children. Appeal allowed. Full report: Bailii.

F v H & Anor [2017] EWHC 3358 (Fam) (19 December 2017)
Appeal by father against contact order in favour of mother after a break of almost 2 years, following the child's abduction to Israel by the mother. Appeal allowed. Full report: Bailii.

Whittingham v Whittingham [2017] EWHC 3318 (Fam) (06 November 2017)
Application by husband for permission to appeal against an interim order refusing to discharge a receiver appointed in enforcement proceedings. Permission refused. Full report: Bailii.

*      *      *
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.