Monday, December 24, 2018

News Essentials: 24th December 2018


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

NEWS
Divorce law consultation attracts at least 600 responses
A letter from the lord chancellor to MPs has highlighted the overwhelming call for divorce law to be reformed, with the Ministry of Justice's consultation attracting nearly 600 responses two weeks before it closed. Full story: Law Society Gazette.

Evidence review of special guardianship to be held ahead of protocol changes
The Family Justice Council is to work with the Nuffield Family Justice Observatory and adoption and fostering academy CoramBAAF to address “pressing questions” about special guardianship. Full story: Local Government Lawyer.

Grandparents may get more access rights under new govt plans
Grandparents estranged from grandchildren because of family breakdown will have new access rights under plans being considered by ministers. Full story: Family Law.

Child Support Agency: information for parents owed historical debt
Guidance explains circumstances in which DWP will seek to collect debt. Full story: Family Law Week.

CASES
Martin v Martin [2018] EWCA Civ 2866 (21 December 2018)
Appeal by wife and cross-appeal by husband against financial remedies order, in case in which the bulk of the wealth comprised shares in a private trading company. Full report: Bailii.

Quan v Bray & Ors [2018] EWHC 3558 (Fam) (20 December 2018)
Judgment on final hearing of wife's claim for financial remedies, in case in which it had been found that assets held within a Mauritian trust were not, for the purposes of section 25 of the Matrimonial Causes Act 1973, a resource of either the husband or the wife. Full report: Bailii.

A and B (Children) [2018] EWHC 3491 (Fam) (20 December 2018)
Cross-applications by local authority and a journalist concerning the publication of details relating to the proceedings. Full report: Bailii.

Brack v Brack [2018] EWCA Civ 2862 (20 December 2018)
Appeal by wife in relation to the effect of prenuptial agreements upon the ability of the English court to make financial remedy orders. Appeal allowed. Full report: Bailii.

C (Children) (Abduction: Article 13 (B)) [2018] EWCA Civ 2834 (20 December 2018)
Appeal by father from the dismissal of his application for the return of two children to South Africa. Appeal allowed. Full report: Bailii.

ARB v IVF Hammersmith & Anor [2018] EWCA Civ 2803 (17 December 2018)
A child, who was born in 2011, was conceived via IVF using the gametes of the parties but after they had separated and without the permission of the father (the mother had forged his signature on the papers). Father succeeded on all aspects of his primary case against the clinic for breach of contract. However, the judge held that he could not recover damages for the cost of the child's upbringing for reasons of policy. His appeal against this decision failed. Full report: Bailii, via Family Law Hub.

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For more cases, see here.

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