News Essentials: 3rd December 2018

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

'Completely futile': judge criticises adulterous husband for contesting divorce
A family judge has criticised a man who cheated on his wife for contesting a divorce in an 'awful case' in which his cross-examination of the couple's daughter was described as 'particularly excruciating'. Full story: Law Society Gazette. See VW v BH, below.

The Child Maintenance and Other Payments Act 2008 (Commencement No.16) Order 2018
This Order brings into force s.27 of the Child Maintenance and Other Payments Act 2008, inserting new ss.39B to 39G into the Child Support Act 1991, which allow the Secretary of State to apply to a court to disqualify a non-resident parent with child maintenance arrears for holding or obtaining a United Kingdom passport. Statutory Instrument.

This Former Judge Has Condemned The Government For Leaving People In Court With No Lawyer
Sir James Munby, former president of the family court, said there is “a very real concern” about the state of justice. Full story: BuzzFeed News.

Waggott 'meal ticket' appeal leaves lawyers waiting for maintenance guidance
A wife’s challenge to the appeal court’s decision to end periodical payments from her ex-husband has come to an end. Full story: Law Society Gazette.

Divorce is not a “blank cheque” for litigation, judge warns
Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned. Full story: Legal Futures.

Court of Protection opens door to robes at hearings
Judges and advocates could soon be required to wear robes in Court of Protection hearings at the High Court – to send a clear message that its doors are open to the media and public. Full story: Law Society Gazette.

Moore v Moore & Anor [2018] EWCA Civ 2669 (27 November 2018)
Appeal against decision in proprietary estoppel case involving a family farm. Full report: Bailii.

RR v MM [2018] EWHC 3252 (Fam) (18 October 2018)
Application by father for permission to appeal against orders made in private law proceedings, including refusal of judge to recuse herself on the grounds of bias. Application refused. Full report: Bailii.

AEY v AL (Family Proceedings: Civil Restraint Order) [2018] EWHC 3253 (Fam) (19 November 2018)
Hearing of multiple applications for permission to appeal by father of two girls. Applications refused and civil restraint order made. Full report: Bailii.

VW v BH (Contested Divorce Proceedings) [2018] EWFC B68 (05 November 2018)
Judgment in contested divorce proceedings. Full report: Bailii.

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