Tuesday, May 08, 2018

News Essentials: 8th May 2018


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

NEWS
MPs seek to guarantee grandparents' rights to see children
Cross-party support to enshrine children’s rights to a relationship with members of extended family. Full story: The Guardian.

Log in, break up – new ‘easy’ way to get a divorce online
Ministry of Justice website will allow couples to avoid stress of appearing in court, but worries persist over ‘trial by Skype’. Full story: The Observer.

Surrogacy laws set for reform as Law Commissions get Government backing
The Law Commission of England and Wales and the Scottish Law Commission have started work on a review of the laws around surrogacy after Government funding was agreed. Full story: Law Commission.

6,500 jobs to be lost in modernisation of UK courts
Number of staff to be cut to around 10,000 by 2022 as part of £1bn overhaul of system. Full story: The Guardian.

Mother alleging abuse left alone in court after failing legal aid test
A family judge has publicly criticised the lack of funding for a woman alleging rape and sexual assault against her ex-husband, suggesting it may have resulted in a miscarriage of justice. Full story: Law Society Gazette. See JY v RY, below.

CASES
Y (A Child) (S.38(6) Assessment) [2018] EWCA Civ 992 (26 March 2018)
Appeal by local authority against a direction that they finance the placement of a child, together with her mother and father, in a residential unit. Appeal allowed. Full report: Bailii.

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

S (A Child), Re (Article 16 and 18 BIIa and Article 19 EU Service Regulation [2017] EWHC 3768 (Fam) (18 October 2017)
Application by father seeking return of child from Spain. Judgment dealing with jurisdiction issue. Full report: Bailii.

Juszkiewicz v Juszkiewicz [2018] EWHC 997 (Fam) (20 April 2018)
Application by father for summary return of daughter to Poland. Return ordered. Full report: Bailii.

Wall v Munday [2018] EWHC 879 (Ch) (27 April 2018)
Appeal against a finding that the divorced ex-partner of the deceased and the estate of the deceased himself were entitled to half each of the beneficial interest in a property. Appeal also against a costs order. First appeal dismissed and the costs order allowed. Full report: Bailii, via Family Law Hub.

JY v RY [2018] EWFC B16 (27 April 2018)
Fact-finding hearing to consider allegations by mother in private law proceedings, in which neither parent was represented. Concerns expressed about unsatisfactory procedural history, preparation, process and outcome. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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