Monday, June 18, 2018

News Essentials: 18th June 2018


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

NEWS
Legal system of child protection is in crisis, says senior judge
Sir Andrew McFarlane speaks out as review says austerity makes it hard for services to cope in England and Wales. Full story: The Guardian.

Early years cuts 'pushing more children into care' in England
Children’s commissioner says nearly half of budget is spent on 73,000 children in care system. Full story: The Guardian.

Mills v Mills appeal in the Supreme Court
Judgment now awaited in this much anticipated appeal. Full story: Family Law Week.

Adoption and care rates higher in some areas
Research obtained by the BBC and the Bureau of Investigative Journalism reveals significant variation in adoption rates across England. Full story: BBC News.

CASES
Kelly v Pyres [2018] EWCA Civ 1368 (14 June 2018)
Appeal against finding that at the date of her divorce petition the applicant wife was domiciled in England and Wales. Appeal allowed. Full report: Bailii.

MK v RP (Hague Child Abduction Convention) [2018] EWHC 1475 (Fam) (12 June 2018)
Application by father for summary return of child to Israel. Return ordered. Full report: Bailii.

GM v Carmarthenshire County Council & Anor [2018] EWFC 36 (06 June 2018)
Mother's application to discharge care order made in 2016. Application granted. Full report: Bailii.

Gee v Gee & Anor [2018] EWHC 1393 (Ch) (11 June 2018)
Proprietary estoppel case concerning a family farm where the son claimed that his father had promised that he would inherit the lion's share of the farm. The claim was made out. Full report: Bailii, via Family Law Hub.

MT v OT [2018] EWHC 868 (Fam) (20 April 2018)
Hearing of four Children act Sch. 1 applications by mother and father. 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.

Monday, June 11, 2018

News Essentials: 11th June 2018


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

NEWS
Practice Guidance: Standard children and other orders
This Guidance brings to a close, at least for the time being, the Family Orders Project which I established and which has been driven forward with his usual tenacity and skill by Mr Justice Mostyn. Full story: Courts and Tribunals Judiciary.

Children’s Commissioner calls for protection of children’s rights post-Brexit
Ministers asked to reconsider withdrawal from EU’s Charter of Fundamental Rights. Full story: Family Law Week.

Revised Forms A, A1 and D50C released
Form A and Form A1 have been amended in discussion with members of the Financial Proceedings Working Party of the Family Procedure Rule Committee. Full story: Family Law.

CASES
M-Y (Children), Re [2018] EWCA Civ 1306 (07 June 2018)
Appeals by parents from findings of fact, a final care order in respect of a 15 year old girl, and interim supervision orders in respect of 3 younger children. Full report: Bailii.

L (a child) Abduction Turkey Protective Measures under Hague 96 [2017] EWHC 3797 (Fam) (01 September 2017)
Application by father for summary return of child to turkey. Consideration of sufficiency of protective measures in Turkey under Hague 96. Full report: Bailii.

S & H-S (Children), Re [2018] EWCA Civ 1282 (06 June 2018)
Appeal by mother against care order, on the ground that the threshold criteria had not been met. Appeal dismissed. Guidance given on setting out court's findings on threshold. Full report: Bailii.

Thompson v Thompson [2018] EWHC 1338 (Ch) (01 June 2018)
The question in this case was whether a proprietory estoppel operated in favour of the claimant son such as to give him an interest in the family farm and, if so, what interest. The judge held that the son made out his case. Full report: Bailii, via Family Law Hub.

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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, June 08, 2018

New by me on the Stowe Family Law Blog


My posts this week on the Stowe Family Law Blog included:

ONS examines data on partner abuse in the UK - Looking at the recent ONS article examining the characteristics of women who have been victims of partner abuse.

A new dawn for family law – Sir James Munby makes a call for reform - Looking at his recent speech, in which he suggested that family courts should be a ‘one-stop shop’, dealing with all of a family’s problems.

Left-behind parents: children to return home to Canada - The recent Court of Appeal case Y (Children), in which a mother failed to have an order requiring the return of her children to Ontario set aside.

A worrying picture of court modernisation - Resolution's submission to the Public Accounts Committee's inquiry into the benefits of the court modernisation programme.

Have a good weekend.

Wednesday, June 06, 2018

Divorcing parents urged to avoid extra time as World Cup arguments set to rage!


Making the right decisions for the children should be your first goal, says family charity 

 As the 2018 World Cup kick-off approaches, parents looking to divorce or separate are being advised by a specialist family charity they can easily avoid the extra time it takes to settle a separation in a family court.

“Wall-to-wall World Cup football will provoke arguments that prove the final straw for some severely strained relationships,” says Jane Robey, Chief Executive of National Family Mediation.

“There are huge delays at family courts, and when the courtroom settlement full-time whistle blows, nobody wins. You’ll be waiting for a settlement that usually suits neither parent nor children.

“You can avoid extra time by finding a professional mediator who will help you both agree arrangements for your finances, family and future, away from the heat of the court.

“Making the right decisions for the children has to be your first goal. Mediation is four times quicker than settling a divorce through a court, and it’s cost-effective and much less stressful too.

“The scale of the issue is such that you could fill Moscow’s Luzhniki Stadium, the venue for the World Cup Final, almost twice over with under-16s in England and Wales who are newly affected by divorce each and every year.

“To find a professional expert mediator in your area call 0300 4000 636 or go to nfm.org.uk/local.“

Family mediation is a voluntary and confidential process which helps people reach joint decisions without use of court. It does not try to keep people together but offers a safe, neutral place where couples no longer in a relationship can meet with a trained mediator to work out plans for the future.

(Image of Luzhniki Stadium: Mos.ru [CC BY 4.0], via Wikimedia Commons.)

Monday, June 04, 2018

News Essentials: 4th June 2018


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

NEWS
We should applaud the end of the nuclear family, says top judge
Britain should "welcome and applaud" the collapse of the nuclear family, the most senior family judge in England and Wales has said. Full story: The Telegraph.

Mother denied chance to take her case to 'court of public opinion'
Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the 'court of public opinion'. Full article: Law Society Gazette. See G (A Child), below.

Domestic abusers still able to cross-examine victims in court
Survey finds 24% of survivors have faced ordeal in year since government promised to end it. Full story: The Guardian.

CASES
G (A Child : transparency in the family courts) [2018] EWHC 1301 (Fam) (18 May 2018)
Judgment regarding applications concerning the publication of information relating to a judgment made in private law children proceedings in 2002. 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.