Monday, July 23, 2018

News Essentials: 23rd July 2018


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

NEWS
New pilot PD 36H for FGM and Forced Marriage Protection Orders
The Ministry of Justice are launching a new pilot Practice Direction 36H on Moday 23 July, applying to FGM and Forced Marriage protection orders (and variation, extension and discharge thereof). Full story: Family Law.

Private Members Bill seeks to force review of divorce law
Baroness Butler-Sloss, former President of the Family Division, is sponsoring the Bill. Full story: Family Law Hub.

Supreme Court decision in Owens v Owens to be handed down next week
Judgment in wife's high profile appeal against refusal to grant a divorce on behaviour grounds will be handed down Wednesday 25th July. Full story: Family Law Hub.

Husband wins Supreme Court appeal against order to pay all wife’s rental costs
First instance judge was entitled to decline to vary periodical payments order. Full story: Family Law Week. See Mills v Mills, below.

Accommodation under s 20 agreement was lawful without parents’ informed consent
Parents’ appeal fails in Supreme Court. Full story: Family Law Week. See Williams & Anor v London Borough of Hackney, below.

Joint call for urgent ban on cross-examination of domestic abuse victims by alleged perpetrators
Resolution, The Law Society and Women’s Aid have issued a joint call to the Government to urgently bring forward promised legislation banning the cross-examination of domestic abuse victims by alleged perpetrators in the family courts. Full story: Family Law.

CASES
ABCDE, Re [2018] EWHC 1841 (Fam) (16 July 2018)
Application by a local authority for permission to withdraw care proceedings in respect of five children, including consideration of costs order against local authority. Full report: Bailii.

D (A Child) (Temporary Relocation) [2018] EWHC 1571 (Fam) (23 May 2018)
Appeal against order allowing mother to remove child temporarily to Japan. Appeal allowed. Full report: Bailii.

Mills v Mills [2018] UKSC 38 (18 July 2018)
Appeal by husband against order increasing spousal maintenance, on the basis that the increase took into account the wife's housing costs, which had already been provided for in the capital settlement. Appeal allowed. Full report: Bailii.

Williams & Anor v London Borough of Hackney [2018] UKSC 37 (18 July 2018)
This appeal considered the lawfulness of the accommodation of the appellants’ children by the respondent under the Children Act 1989, s 20. Full report: Bailii.

Barker v Winter [2018] EWHC 1785 (QB) (09 July 2018)
Claim for damages after the claimant cohabitee claimed that she had been deceived by the defendant in spending her divorce settlement money on a lavish lifestyle after he promised to pay her back and buy her a house when his own divorce had concluded. Full report: Bailii, via Family Law Hub.

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For more news, see here.

For more cases, see here.

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