News Essentials: 19th March 2018
A brief summary of the essential family law news and cases from the last week:
Council kept boy, 9, in care for whole of his life, judge reveals
Herefordshire council used section 20 orders to keep children in care without seeking court approval. Full story: The Guardian.
Millionaire jailed for contempt of court over divorce deal
Property developer, 83, given 14-month sentence for refusing to obey company handover order. Full story: The Guardian. See the reports of Hart v Hart, below.
Consultation on regs to allow a single person to apply for a parental order following a surrogacy arrangement
Consultation closes on 20 April 2018. Full story: Family Law Week.
Family court secrecy lets judges get away with mistakes, senior judge says
Secrecy in family courts could be allowing judges to get away with mistakes, the most senior family judge in England and Wales has said. Full story: The Telegraph.
Government will legislate to replace Deprivation of Liberty Safeguards
Ministers broadly accept Liberty Protection Safeguards system proposed by Law Commission and pledge to legislate when parliamentary time allows. Full story: Community Care.
Sexual relationship not necessary for a valid marriage, says Munby
Sexual relations are not required for a marriage to be valid for the purposes of parental orders in surrogacy cases, the president of the family division has said, before granting an order to a couple where one of the partners is gay. Full story: Law Society Gazette. See X (A Child : foreign surrogacy), below.
Judge orders husband in bitter divorce case to stop emailing wife’s solicitor
A High Court judge has issued a restraining order to stop a man in a long-running divorce case from contacting his former wife’s solicitor on her private email address. Full story: Legal Futures. See Maughan v Wilmot, below.
Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings
Fresh guidance issued by The President, 13 March 2018, covering procedure, case management and mediation in international child abduction cases. Full story: Family Law Hub.
New batch of Standard Family Orders out for consultation
Comments on 74 orders covering children and other non-financial matters required by 18th April. Full story: Family Law Hub.
Government launches post-implementation review of LASPO
Findings will be published later this year. Full story: Family Law Week.
Y v H & Anor  EWHC 3698 (Fam) (22 December 2017)
Judgment considering issue of whether the courts of England and Wales have jurisdiction over child in respect of matters of parental responsibility or whether jurisdiction now rests with the courts of Northern Ireland. Full report: Bailii.
DO & BO (Temprorary Relocation to China), Re  EWHC 858 (Fam) (12 April 2017)
Application by mother for permission to take two children to China for a holiday. Permission refused. Full report: Bailii.
Hart v Hart  EWHC B111 (Fam) (23 February 2018)
Application by wife for husband's committal for contempt in relation to implementation of financial remedies order. Full report: Bailii.
Hart v Hart  EWHC B000 (Fam) (15 March 2018)
Sentencing judgment following finding that husband had been in contempt in relation to implementation of financial remedies order. Full report: Bailii.
Northamptonshire County Council v AB & Anor  EWHC 3695 (Fam) (31 July 2017)
Care and placement proceedings in relation to 4 children. Care plan for children to be rehabilitated to the mother, following admission by parents that there had been serial domestic abuse by the father of the mother. Full report: Bailii.
French v The Secretary of State for Work and Pensions & Anor  EWCA Civ 470 (13 March 2018)
Appeal by father against decision in the Upper Tribunal that his income from gambling was earnings from gainful employment such that it could be part of a child support assessment. Appeal allowed. Full report: Bailii, via Family Law Hub.
Maughan v Wilmot  EWHC 273 (Fam) (25 January 2018)
Further judgment in long-running financial remedy proceedings dealing, inter alia, with variation of a child maintenance order and enforcement of arrears. Full report: Bailii.
X (A Child : foreign surrogacy)  EWFC 15 (13 March 2018)
Application for a parental order following a foreign surrogacy arrangement, considering issues of the applicants' platonic relationship and the fact that they lived in separate households. Full report: Bailii.
Mensah v Mensah  EWHC 484 (Fam) (09 March 2018)
Appeal by wife against registration of French divorce order, on the basis that she did not receive proper notice of the French divorce. Appeal dismissed. Full report: Bailii.
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