Monday, February 19, 2018

News Essentials: 19th February 2018


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

NEWS
Supreme Court ruling highlights complexities in family 'abduction' cases
The Supreme Court has highlighted the complex nature of issues that lower courts have to grapple with in relation to family cases involving the Hague Convention on civil aspects of international child abduction. Full story: Law Society Gazette. See C (Children), below.

Public law cases received by Cafcass in January up 3% on a year ago
Highest monthly total for a January on record. Full story: Family Law Week.

New private law cases received by Cafcass in January up 11% on a year ago
3,590 new cases received. Full story: Family Law Week.

Supreme Court to hear s.20 Children Act accommodation case this week
The Supreme Court will this week consider the lawfulness of a London borough’s accommodation under s.20 of the Children Act 1989 of eight children who had been taken into police protection. Full story: Local Government Lawyer.

CASES
R (Children) [2018] EWCA Civ 198 (16 February 2018)
Appeal by father against finding that he had "used unreasonable force and unlawfully killed the mother", dealing with issue of the extent to which, if at all, the Family Court should import elements of criminal law into a fact-finding determination within child care proceedings. Full report: Bailii.

Re J [2018] EWFC 8 (13 February 2018)
Application by father to appeal against adoption order made in 2013 in favour of step-father. Appeal allowed and order set aside, on basis that father had not been a party to the proceedings, the mother having stated that she did not know the father's identity. Full report: Family Law Week.

M (A Child) [2017] EWCA Civ 245 (19 December 2017)
Appeal from a finding of fact made in care proceedings involving six children. Appeal dismissed. Full report: Bailii.

M (A Child) [2017] EWCA Civ 2356 (13 December 2017)
Appeal by father against order that mother could relocate with child to Columbia. Appeal allowed. Full report: Bailii.

In the matter of C (Children) [2018] UKSC 8 (14 February 2018)
Appeal by mother against decision of Court of Appeal to allow father's appeal against refusal of application for summary return of children to Australia, dealing with issue of "repudiatory retention". Appeal allowed. Full report: Bailii.

DB v CB [2017] EWHC 3559 (Fam) (06 November 2017)
Application by father for summary return of child to Switzerland. Application dismissed, on the basis that the child was habitually resident in England and Wales. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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