Monday, July 30, 2018

News Essentials: 30th July 2018


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

NEWS
President’s Circular: Financial Remedies Court Pilot Phase 2
Following the successful initiation of the Financial Remedies Court project in the West Midlands (part), centred at Birmingham, I am pleased to announce a further roll-out of the pilot, albeit for the time being in modified form. Full story: Family Law.

Pilot Practice Direction 36I – Procedure for online filing of certain applications for consent orders for a financial remedy in connection with matrimonial proceedings
This Practice Direction supplements FPR Part 36, rule 36.2 (Transitional Arrangements and Pilot Schemes). Full story: Family Law.

Practice Direction Amendments to PD9A, PD12B and PD27A
The Ministry of Justice have published a Practice Direction Amendment which makes three minor changes to existing practice directions. Full story: Family Law.

Practice Guidance: Children Arbitration in the Family Court
This Guidance concerns the interface between the Family Court and Arbitrations where the parties to a private law dispute relating to the welfare of a child have agreed to submit the issues in dispute for decision by an arbitrator. Full story: Family Law.

President’s Guidance: Addition to Compendium of Standard Family Orders
The links to the three new orders (numbered 22.1, 22.2 and 22.3) to be added to the compendium of Standard Family Orders can be found below. Full story: Family Law.

Supreme Court rules woman ‘must stay married' as family law experts warn of ‘divorce crisis.'
Supreme Court rules woman ‘must stay married’ as family law experts warn of ‘divorce crisis.’ Full story: Resolution. See report, below.

New Judicial Protocol for Children’s Cases in Scotland, and England and Wales
Sir James Munby, President of the Family Division in England & Wales, and Lord Carloway, head of the Scottish judiciary, have agreed a new judicial protocol, which will provide for the direct exchange of information between judges in intra-UK cross-border cases involving children. Full story: Courts and Tribunals Judiciary.

President’s Guidance: Arrangements for adoption visits
Guidance from the President of the Family Division. Full story: Courts and Tribunals Judiciary.

CASES
PS v BP [2018] EWHC 1987 (Fam) (27 July 2018)
Appeal by father against orders and findings following a fact-finding hearing, including judicial observations upon issue of father cross-examining mother. Full report: Bailii.

M v F [2018] EWHC 1949 (Fam (04 July 2018)
Application by mother for permission to relocate with the children to Uganda. Full report: Bailii.

Harris v Harris [2018] EWHC 1836 (Fam) (03 July 2018)
Appeal by husband against order capitalising spousal maintenance and increasing child support. Full report: Bailii.

A (Children) [2018] EWCA Civ 1718 (25 July 2018)
Appeal by local authority against dismissal of application for care orders in respect of five children. Appeal allowed. Full report: Bailii.

Owens v Owens [2018] UKSC 41 (25 July 2018)
Appeal by wife against dismissal of divorce petition. Appeal dismissed. Full report: Bailii.

Lancashire County Council v A, B and Z (A Child : Fact Finding Hearing: Police Disclosure) [2018] EWHC 1819 (Fam) (02 July 2018)
Fact-finding hearing in care proceedings concerning a girl aged 22 months.The hearing was beset by problems arising from the late disclosure of material held by the police. Judgment includes suggested solutions as to how such problems may be avoided. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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