Monday, August 20, 2018

News Essentials: 20th August 2018


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

NEWS
Financial order reforms set to boost unfairly treated former partners and families
The Government has agreed to improve the enforcement of financial orders, in response to a Law Commission report. Full story: Law Commission.

Civil partnerships in England and Wales: 2017
Annual statistics on formations and dissolutions of civil partnerships analysed by the sex, age, and previous marital status of the couples and the place of registration. Full story: Office for National Statistics.

CASES
W (A Child) [2018] EWCA Civ 1904 (15 August 2018)
Appeal by father against order setting aside previous order requiring mother to return child to Spain. Appeal dismissed. Full report: Bailii.

Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch) (30 July 2018)
Determination of beneficial interest in a claim for an order for sale pursuant to a final charging order. Full report: Family Law Week.

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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, August 13, 2018

News Essentials: 13th August 2018


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

NEWS
New pilot scheme announced for easier court entrance for legal professionals
The Ministry of Justice has announced a new pilot scheme for practising legal professionals which will allow for them to get direct entrance to courts without the need to be searched. Full story: Family Law.

Child maintenance: new steps to improve compliance and to allow arrears to be written off
The House of Commons library has written a useful summary of recent changes to child maintenance enforcement. Full story: Family Law Hub.

Supervision orders unsuccessful in a quarter of cases, research finds
Review of 26-week care proceedings reforms underlines impact of Re B and Re B-S case law and raises questions around decision-making. Full story: Community Care.

Paediatricians as Expert Witnesses in the Family Courts in England and Wales: Standards, competencies and expectations
Produced by the Family Justice Council and the Royal College of Paediatrics and Child Health, this guide directs the reader to discipline specific information with regards to paediatricians as expert witnesses. Full story: Courts and Tribunals Judiciary.

CASES
F v M [2018] EWHC 2106 (Fam) (03 August 2018)
Appeal by father against refusal to register Russian order that child reside with him. Appeal dismissed. Full report: Bailii.

Kliers v Schmerler & Anor [2018] EWHC 1350 (Ch) (30 April 2018)
The applicant was claiming declarations as to the beneficial ownership of a property, the registered legal ownership of which was her brother. He had obtained a mortgage to buy the property on behalf of the applicant and her then husband as their credit rating was not sufficient. The declarations were granted. Full report: Bailii, via Family Law Hub.

EF and GH (Children) [2018] EWHC 1960 (Fam) (23 May 2018)
Proceedings relating to two children whose mother requested the local authority to accommodate them, following a diagnosis of terminal cancer. Judgment dealing with issue of whether threshold criteria satisfied. 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.

Friday, August 10, 2018

New by me this week on the Stowe Family Law Blog


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

Reform opportunities may be slipping away - Looking at the seventh annual report on the implementation of Law Commission recommendations.

Father fails to overturn order for no direct contact - In the case PA v CK & Ors.

Intimidating victims to have domestic abuse charges dropped - A recent report suggests that many defendants in domestic abuse cases are intimidating their victims into not appearing at court.

Financial provision for a child after a transfer of residence - The case C (A Child) Schedule 1 Children Act Variation.

Have a good weekend.

Monday, August 06, 2018

News Essentials: 6th August 2018


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

NEWS
Solicitors' phase of online divorce pilot given green light
The solicitors' application of the online divorce pilot has been approved to go live. Full story: Family Law.

English law applies to Islamic marriage, judge rules in divorce case
Husband tried to block divorce petition, arguing couple were married only under sharia law. Full story: The Guardian. See Akhter v Khan, below.

Sir Andrew McFarlane becomes President of the Family Division
Sir Andrew McFarlane has been appointed President of the Family Division, following the retirement of Sir James Munby. Full story: Family Law.

Financial consent orders can now be filed online
On Monday 6 August 2018 the family courts will take another step towards becoming digital. From that date applications for consent orders in family court financial proceedings can be filed online rather than delivery to a physical court office. Full story: Family Law.

CASES
Akhter v Khan (Rev 2) [2018] EWFC 54 (31 July 2018)
Judgment considering issue of whether an Islamic marriage ceremony creates an invalid or void marriage in English law. Full report: Bailii.

Ubbi & Anori (Minors) v Ubbi [2018] EWHC 1396 (Ch) (27 July 2018)
Inheritance (Provision for Family and Dependants) Act 1975 case where the infant children of the deceased husband and his extra-marital partner claimed that his will (which pre-dated their births) did not make any provision for them after he left everything to his wife. Full report: Bailii, via Family Law Hub.

X (A Child : FGMPO) [2018] EWCA Civ 1825 (31 July 2018)
Appeal by father against provision in FGM protection order forbidding removal of child from jurisdiction. Appeal allowed. 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.

Friday, August 03, 2018

New by me this week on the Stowe Family Law Blog


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

Courts modernisation programme could fail to deliver expected benefits - The House of Commons Public Accounts Committee's report on HMCTSs £1.2 billion programme to modernise the courts.

Munby throws out some ideas at final press conference - Including mobile courts and Skype-ing the judge.

Financial Remedies Court Pilot extended - The President’s Circular: Financial Remedies Court Pilot Phase 2.

Separated children case to be dealt with in Alaska - The case being Ford v Halil.

Sir James apologises for his ‘failures’ in ‘Voice of the child’ speech - "Because it is the right thing to do".

Have a good weekend.