Monday, July 16, 2018

News Essentials: 16th July 2018


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

NEWS
Courts Service to up the ante on digital divorce and probate
The next year of the court modernisation programme will see digital end-to-end services for divorce, probate, and money claims for under £10,000, according to HM Courts and Tribunals Service. Full story: Legal Futures.

Banker's wife whose husband took mistress to his office party wins right to divorce him in England
A multi-millionaire banker's wife who found out her husband had taken his mistress to his office party has won the right to divorce him in England. Full story: The Telegraph. See Thum v Thum, below.

Supreme Court judgment in Mills due this week
The Supreme Court will hand down judgment in the case of Mills v Mills next Wednesday, 18th July. Full story: Family Law Hub.

Supreme Court to rule this week on use of section 20 Children Act
The Supreme Court will next week hand down a key ruling on the lawfulness of a council's accommodation of children under section 20 of the Children Act 1989. Full story: Local Government Lawyer.

Government U-turn on child maintenance avoidance is “welcome but not enough”
The government’s new child maintenance strategy shows it is listening to the concerns raised by Gingerbread and single parents, but still leaves question marks as to whether the Child Maintenance Service is fit for purpose. Full story: Gingerbread.

Court of Protection application and appeal fees reduced
The Court of Protection, Civil Proceedings and Magistrates' Courts Fees (Amendment) Order 2018. Full story: Family Law Week.

CASES
B (A Child), Re [2018] EWHC 1643 (Fam) (15 June 2018)
Application by father for the return to Spain of child abducted by mother in 2014, and his linked application to enforce custody orders made in his favour by the Spanish courts. Full report: Bailii.

Thum v Thum [2018] EWCA Civ 624 (12 July 2018)
Appeal by husband against decision that the English court, rather than the German court, was first seised of divorce proceedings. Appeal dismissed. Full report: Bailii.

M (BIIa Article 19: Court First Seised) [2018] EWCA Civ 1637 (12 July 2018)
Appeal concerning issue of whether English or Polish courts should have jurisdiction to deal with children dispute. Full report: Bailii.

Chaston & Anor v Chaston [2018] EWHC 1672 (Ch) (5 July 2018)
Appeal against judgment in TOLATA proceedings. Appeal dismissed. Full report: Family Law Week.

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For more cases, see here.

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Monday, July 09, 2018

News Essentials: 9th July 2018


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

NEWS
Judge blasts social workers’ ‘wholly inappropriate’ record-keeping in case that saw family split for six months
Council advised to look at 'significant training improvements' for social workers after withdrawing care application due to flawed evidence. Full story: Community Care.

Government introduces bill to overhaul deprivation of liberty law in bid to save councils £200m
Mental Capacity (Amendment) Bill will replace Deprivation of Liberty Safeguards with Liberty Protection Safeguards scheme designed to streamline system. Full story: Community Care.

Applications for legal aid supported by domestic or child abuse increase by 21 per cent
Applications granted rise by 14 per cent. Full story: Family Law Week.

‘Deprivation of liberty’ should be defined in law to limit caseloads and family intrusion, say MPs and peers
Parliament should legislate for a statutory definition of deprivation of liberty to limit the number of people whose restrictive care arrangements require legal authorisation because they lack capacity to consent, an influential committee of MPs and peers have said. Full story: Community Care.

CASES
Mantegazza v Mantegazza [2017] EWHC 3811 (Fam) (05 May 2017)
Application by husband pursuant to section 5(6) and paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 for a discretionary stay of divorce proceedings commenced in England by the wife. Full report: Bailii.

The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam) (22 June 2018)
Application by the Child and Family Agency of Ireland for transfer of care proceedings from the courts of Ireland to the courts of Wales. Full report: Bailii.

M v F & Ors [2018] EWHC 1720 (Fam) (16 February 2018)
Wardship proceedings in which the mother alleged that she had been stranded by the father in Pakistan with one of the four children, since August 2017. Full report: Bailii.

RVH v TF (Non Hague Convention: Refusal of Summary Return) [2018] EWHC 1680 (Fam) (14 June 2018)
Application by father seeking summary return to Ivory Coast of two children. 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, July 02, 2018

News Essentials: 2nd July 2018


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

NEWS
Family Court Statistics Quarterly: January to March 2018
A statistical bulletin presenting statistics relating to the family courts in the first quarter of 2018 (January to March). Full story: Ministry of Justice.

Three new appointments to the UK's top appeal court
Lady Justice Arden DBE and Lord Justice Kitchin will join the Supreme Court of the United Kingdom as Justices on 1 October 2018, followed by Lord Justice Sales on 11 January 2019, it was announced today. Full story: Supreme Court.

Appointment of Lord and Lady Justices of Appeal 2018
The Queen has approved the appointment of three Lady Justices and four Lord Justices of Appeal. Full story: Courts and Tribunals Judiciary.

Ban on heterosexual civil partnerships in UK ruled discriminatory
Rebecca Steinfeld and Charles Keidan win bid to open up civil unions to opposite-sex couples. Full story: The Guardian. See law report, below.

Court in tangle after law firm ‘whistleblower’ sends it privileged material
The president of the Family Division is to be asked what the court should do in the highly unusual case of a ‘whistleblower’ from the solicitors of one party to a divorce sending it legally privileged information. Full story: Legal Futures. See Bruzas v Saxton, below.

What normal looks like: McFarlane to canvass views on parental guidance
The next family law chief could produce general guidance to help manage separated parents' expectations about child contact if he receives widespread backing from other judges when he tours England and Wales this autumn. Full story: Law Society Gazette.

CASES
P (A Child) [2018] EWCA Civ 1483 (28 June 2018)
Appeal by mother against refusal of application to adjourn care and placement proceedings for 6 months, where she was an alcoholic and had been abstinent for 13 months. Appeal allowed and placement order set aside. Full report: Bailii.

Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018)
Judgment addressing the circumstances in which damages recovered pursuant to the Human Rights Act in respect of breaches of duty by a Local Authority following care proceedings are subject to the Legal Aid Agency statutory charge in respect of the costs of those care proceedings. Full report: Bailii.

R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for International Development [2018] UKSC 32 (27 June 2018)
Appeal considering whether the bar on different-sex couples entering into civil partnerships breaches the appellants’ rights under ECHR, art 8, in conjunction with art 14. Appeal allowed. Full report: Bailii.

Bruzas v Saxton [2018] EWHC 1619 (Fam) (21 June 2018)
Directions hearing in case in which wife seeks to set aside consent order, alleging perjury and perverting the course of justice by husband and his legal team, following disclosure of documents by "whistle blower" on H's legal team. Full report: Bailii.

G (A Child) [2017] EWCA Civ 2638 (08 November 2017)
Appeal by father against dismissal of application for leave to oppose the making of an adoption order in respect of his child. Appeal dismissed. 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.