Monday, January 22, 2018

News Essentials: 22nd January 2018


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

NEWS

Privy Council considers law applicable to beneficial ownership of joint bank accounts
Money in a bank account subject to same principles as other property. Full story: Family Law Week. See Whitlock v Moree, below.

Adoption has become 'runaway train' social workers cannot stop
British Association of Social Workers’ two-year inquiry calls for ‘significant rethink’ of adoption laws. Full story: The Guardian.

Munby warns against 'adversarial and punitive' care proceedings
The president of the family division has advised local authorities to think long and hard before embarking on care proceedings against 'otherwise unimpeachable' parents. Full story: Law Society Gazette. See AB (A Child), below.

New private law cases received by Cafcass in December 2017 2% down on a year ago
In December 2017, Cafcass received a total of 2,790 new private law cases. This is a 2% decrease compared with those received in December 2016. Full story: Family Law Week.

Care applications received by Cafcass in December 2017 8% down on a year ago
In December 2017, Cafcass received a total of 1,008 care applications. Whilst this figure represents an 8% decrease in comparison with December 2016, it is the third-highest monthly total for December on record. Full story: Family Law Week.

Missing four-year-old British girl found with mother in Spain
Family court judge says Elliana Shand and her mother, who has mental health problems, will return to England within days. Full story: The Guardian.

CASES
Whitlock v Moree [2017] UKPC 44 (21 December 2017)
Appeal from the Court of Appeal of the Bahamas about the beneficial ownership of money held on joint account at a bank. Full report: Family Law Week.

G And H (Children: Article 15 Brussel Ii Revised Regulation) [2018] EWHC 60 (Fam) (16 January 2018)
Care proceedings in respect of two Latvian children. Application by Latvian Orphan's Court seeking transfer of proceedings to Latvia. Application refused. Full report: Bailii.

B (A Child) (care proceedings) [2018] EWCA Civ 20 (17 January 2018)
Appeal by father against care and placement orders. Appeal dismissed. Full report: Bailii.

The Prospective Adopters (AA AND BB) v CC [2017] EWHC 3506 (Fam) (30 November 2017)
Final hearing of adoption application in relation to an 18 year old woman who has lived with the adoptive parents since 2011, when she came from outside the UK to live with them. Full report: Bailii.

AB (A Child) [2018] EWFC 3 (16 January 2018)
Judgment giving permission to local authority to withdraw care proceedings in relation to a 4 year old boy who is profoundly neurologically disabled, on the basis that the care being given to him by his parents, with the supporting care package, is meeting his needs. Full report: Bailii.

KT & Ors, Re [2018] EWCOP 1 (15 January 2018)
Four test cases seeking welfare orders to authorise deprivation of liberty. Full report: Bailii.

M (A Child) (Temporary Removal to Kurdistan) [2017] EWHC 3492 (Fam) (14 March 2017)
Application by father for orders preventing the mother from taking the child to Kurdistan. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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