Monday, March 18, 2019

News Essentials: 18th March 2019


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

NEWS
Commons approves amendments to Civil Partnerships Bill
Regulations to be introduced by end of year. Full story: Family Law Week.

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge
Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said. Full story: Local Government Lawyer.

No parental role for father who was part of ‘predatory’ group that sexually abused teen
A teenage girl groomed and sexually exploited by a group of “predatory men” is embroiled in family court litigation after giving birth. Full story: Care Appointments. See P (Notice of care proceedings to father without parental responsibility), below.

Judge uses ‘plain English’ text to explain decision to woman with learning difficulties
A family court judge has used plain English in a bid to help a woman with learning difficulties understand why a baby must be taken from her care. Full story: Care Appointments. See Re L, below.

Master grants Inheritance Act application made 25 years out of time
The High Court has granted permission to bring a claim under the Inheritance Act – despite it being issued some 25 years and nine months after the deadline for doing so. Full story: Law Society Gazette.

CASES
Downes v Downes & Anor [2019] EWHC 491 (Ch) (13 March 2019)
The Claimant claimed that he was the sole beneficial owner of three properties and sought declarations to that effect, orders that they be transferred into his sole name and consequential relief. His claims were successful. Full report: Bailii, via Family Law Hub.

M v F (Appeal : Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)
Cross applications by father for child arrangements order and by mother for non-molestation order. Application by mother for permission to appeal in relation to fact-finding hearing. Permission refused. Full report: Bailii.

P (Notice of care proceedings to father without parental responsibility) [2019] EWFC 13 (11 March 2019)
Care proceedings. Application by local authority for the requirement to serve Form C6A upon father to be disapplied. Application allowed. Full report: Bailii.

X and Y (Delay : Professional Conduct of Expert) [2019] EWFC B9 (11 March 2019)
Short judgment in care proceedings to address concerns relating to the professional conduct of the medico-legal expert instructed to prepare reports in respect of the children. Full report: Bailii.

L (special guardianship order), Re [2019] EWFC B7 (28 February 2019)
Care proceedings concerning one year old child. Special guardianship order made in favour of maternal grandfather's niece. Full report: Bailii.

*      *      *
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, March 11, 2019

Financial Remedies Practice (2019): The essential, specialist reference for all family financial remedy practitioners


Financial Remedies Practice, 2019 Edition

The @eGlance Guide

£89.95 - Published by Class Legal: March 2019

Financial Remedies Practice is firmly established as the essential, specialist reference for all family financial remedy practitioners.

Cited and used in courts every day, this unique book combines in a single portable volume authoritative Commentary on financial remedies practice and procedure together with the full and up-to-date text of the relevant Family Procedure Rules and Practice Directions.

The Commentary is written by the team responsible for both At A Glance and @eGlance so you can be confident that the guidance is current, trusted and insightful.

Crucially, and unlike other books on the topic, Financial Remedies Practice provides unrivalled coverage of myriad decisions and developments under the CPR that now mirror many of the key aspects of financial remedies practice, such as injunctions, relief from sanctions, costs and general case management.

This 8th edition has been revised and rewritten to incorporate developments from the last 12 months. Crucial changes include the emergence of two sets of Family Procedure (Amendment) Rules, allowing for the anticipated recalibration of the former ‘Shorter Procedure’ to the new ‘Fast Track’ and the President's announcement that the ‘Financial Remedies Courts’ scheme will be extended to other regions.

Key cases from the last 12 months, including De Gafforj v de Gafforj (Appeal: Hadkinson Order) [2018] and Barton v Wright Hassall [2018] are also analysed in the comprehensively rewritten Commentary.

The book is supplemented by an online version at familyprocedure.com which includes the full text of the Commentary linked to the primary sources cited so that you can easily find the relevant case and statutes direct from the Commentary.

This breadth of coverage and the expertise of the authors means that Financial Remedies Practice should be on the shelf in every family law library.

Financial Remedies Practice is available from Class Legal, here.

News Essentials: 11th March 2019


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

NEWS
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union. Statutory Instrument.

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies (in particular paragraph g of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. Statutory Instrument.

The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
These Regulations are made in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the United Kingdom from the European Union. Statutory Instrument.

HMCTS extends court modernisation programme by a year
HM Courts and Tribunals Service (HMCTS) has put back completion of the court modernisation programme by a year to 2023, it announced yesterday. Full story: Legal Futures.

High Court rejects evidence from law firm ‘whistleblower’
The president of the family division has rejected a wife’s application to admit the statement of a ‘whistleblower’ inside her former husband’s legal team who sent the court privileged information. Full story: Legal Futures.

James Bulger's father loses Jon Venables identity challenge
The father of James Bulger has lost a legal challenge to try to change a lifelong anonymity order for one of his son's killers. Full story: BBC News. See report, below.

Supreme Court grants permission to appeal in Villiers v Villiers
Case concerns jurisdiction between England and Wales, and Scotland in maintenance proceedings. Full story: Family Law Week.

CASES
B (A Child : Post-Adoption Contact) [2019] EWCA Civ 29 (30 January 2019)
Appeal by parents against refusal of application for post-adoption contact. Appeal dismissed. Full report: Bailii.

S (A Child : Hague Convention 1980 : Return To Third State) [2019] EWCA Civ 352 (07 March 2019)
Appeal against order that child be returned to Hungary, despite being habitually resident in Germany. Appeal allowed. Full report: Bailii.

Q (Child: Interim Care Order: Jurisdiction), Re [2019] EWHC 512 (Fam) (07 March 2019)
Judgment considering issue of whether an interim care order can persist after the subject child reaches their seventeenth birthday. Full report: Bailii.

Wodehouse v Wodehouse [2018] EWCA Civ 3009 (29 November 2018)
Appeal against lump sum order made against third party. Appeal allowed, on basis that court had no jurisdiction to make order. Full report: Bailii.

Venables & Anor v News Group Papers Ltd & Ors [2019] EWHC 494 (Fam) (04 March 2019)
Application to vary anonymity injunction in relation to the person formally known as Jon Venables. Application refused. Full report: Bailii.

*      *      *
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.

Sunday, March 10, 2019

New by me last week on the Stowe Family Law Blog


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

Ministry of Justice announces grants to support domestic abuse victims - As usual, the government takes a pound and expects us to feel grateful when it gives back pennies...

Private FDRs: a good idea, but sadly not for all - Our two-tier family justice system gathers pace.

Procedure where permission required to make children application - That is, an application for leave following the making of a s.91(14) order, as in the case P & N.

Enjoy the rest of your weekend.

Monday, March 04, 2019

News Essentials: 4th March 2019


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

NEWS
Ministry of Justice grant to support victims of domestic abuse in family courts
Government has awarded £900,000 to organisations based in some family courts to provide in-court support to victims of domestic abuse. Full story: Ministry of Justice.

Sick girl to be treated against parents' wishes, judge rules
Doctors should treat a sick 13-month-old girl and give her a "chance" at life against the wishes of her parents, a High Court judge has ruled. Full story: BBC News. See Manchester University Hospital NHS Foundation Trust v M & Anor, below.

Judiciary pulls back on ban for fee-charging McKenzie Friends
While “deeply concerned” about the growth in fee-charging McKenzie Friends, the judiciary has failed to decide whether they should be banned – three years after consulting on doing just that. Full story: Legal Futures.

CASES
Manchester University Hospital NHS Foundation Trust v M & Anor [2019] EWHC 468 (Fam) (27 February 2019)
Application by NHS Trust in relation to the treatment of a 13 month old child born with end stage renal failure. Full report: Bailii.

Southend-On-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) (20 February 2019)
Application by local authority for declarations that they had discharged their obligations to a 98 year old man, in relation to his accommodation. Full report: Bailii.

P & N (Section 91(14): Application for Permission To Apply: Appeal) [2019] EWHC 421 (Fam) (27 February 2019)
Appeal by mother against order granting leave to father to apply for child arrangements order, following making of s.91(14) order. appeal allowed. Full report: Bailii.

Saxton v Bruzas [2018] EWHC 3879 (Fam) (19 December 2018)
Application by wife to set aside consent order, alleging perjury and perverting the course of justice by husband and his legal team, following disclosure of documents by "whistle blower" on H's legal team. Full report: Bailii.

MF, Re [2018] EWHC 3841 (Fam) (17 December 2018)
An order which ordered the wife to pay £20,000 towards the husband's costs after the breakdown of the marriage was left undisturbed as the order was not outside the spectrum of reasonable decisions that might have been made. Full report: Bailii, via Family Law Hub.

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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, February 25, 2019

News Essentials: 25th February 2019


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

NEWS
Care proceedings should not omit assessment of wider family ‘on parents’ say-so’, judge rules
Court rejects father's attempt to keep existence of children hidden from his family in adoption case. Full story: Community Care.

Domestic violence and abuse: help from DWP
A guide for domestic violence and abuse victims about services from the Department for Work and Pensions (DWP). Full story: Department for Work and Pensions.

Grandparents win child custody after council fail to set out risk with ‘sufficient clarity’
A couple who have cared for their six-year-old grandson since he was born have won a family court fight after council social services bosses said he should be taken from them. Full story: Care Appointments. See C (Interim threshold not crossed), below.

Country's biggest regional divorce centre hit by record delays
Delays at the country’s biggest regional divorce centre reached unprecedented levels in 2018, figures obtained by the Gazette have revealed. Full story: Law Society Gazette.

CASES
Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206 (21 February 2019)
Appeal by father against finding made in care proceedings that he had sexually abused his daughter. Appeal dismissed. Full report: Bailii.

A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 (21 February 2019)
Hearing considering capacity and best interests decisions in relation to a young man with a learning disability, including residence, contact (with family and others), his care arrangements, his property and financial affairs, his capacity to consent to sexual relations, and his internet and social media use. Full report: Bailii.

X (A Child)(Head injury finding of fact), Re [2018] EWHC 3883 (Fam) (16 November 2018)
Care proceedings. Fact-finding hearing to determine who caused injuries to the child. Full report: Bailii.

K (Children), Re [2019] EWCA Civ 184 (19 February 2019)
Care proceedings. Appeal by father against finding that he had sexually abused his daughter. Appeal dismissed. Full report: Bailii.

C (Interim threshold not crossed) [2019] EWFC B5 (15 February 2019)
Application for an interim care order in relation to a six year old boy. Application dismissed. Full report: Bailii.

*      *      *
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, February 18, 2019

News Essentials: 18th February 2019


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

NEWS
Council did not do enough to protect toddler from harm: Ombudsman
Child left with life-long injuries after opportunities missed to protect him. Full story: Family Law Week.

Girl must live with stranger instead of grandparents, judge rules
Croydon family court judge says blood relationship ‘powerful’ but not ‘definitive’. Full story: The Independent. See C (A Child), below.

Family Drug and Alcohol Courts backed by private donors
A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care. Full story: BBC News.

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
The amendments remove provision in the FPR and COPR which relates to powers, processes and orders under EU instruments or international agreements which will no longer be applicable or available when those instruments or agreements are revoked by the Withdrawal Act or the statutory instruments made under it, or in some cases amend such provision where such instruments are retained in an amended form. Statutory Instrument.

CASES
L-W Children [2019] EWCA Civ 159 (14 February 2019)
Care proceedings. Appeal by mother against finding that she had failed to protect children. Appeal allowed. Full report: Bailii.

Re E (Abduction Article 13B Deferred Return Order) [2019] EWHC 256 (Fam)
Application by father for summary return to Spain of child subject to care proceedings. Application dismissed. Full report: Family Law Week.

C (A child : care and a placement order) [2018] EWFC B87 (23 November 2018)
Care and placement proceedings in respect of a child born in 2017. Special guardianship order made in favour of mother's friend. Full report: Bailii.

S (Care plans in discharge applications), Re [2018] EWFC B88 (01 November 2018)
Applications by parents to discharge care orders in relation to four children, the parents having made 'extraordinary progress' since the orders were made. Full report: Bailii.

*      *      *
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, February 11, 2019

News Essentials: 11th February 2019


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

NEWS
CA: “Bully” judge forced mother to agree to care orders
A judge effectively bullied a mother into agreeing to interim care orders for her children against her wishes, the Court of Appeal has found. Full story: Legal Futures.

No-fault divorce to become the law
Long-awaited change will mean couples no longer have to allocate blame or mutually consent to ending marriage. Full story: The Guardian.

Government sets out new vision for legal support
A new strategy to help people resolve legal problems at the earliest opportunity and avoid the need for unnecessary court proceedings was unveiled today. Full story: Ministry of Justice.

New research: Government urged to reform overly-complex divorce system
New research published today by the Nuffield Foundation reinforces the case for reform of the overly complex divorce system in England and Wales. Full story: Nuffield Foundation.

Family law disputes involving EU after Brexit
What to do if you are involved in a family law dispute (including divorce and child maintenance) with someone living in the EU after Brexit. Full story: Ministry of Justice and Foreign & Commonwealth Office.

Property regimes for international couples in Europe
New rules apply in 18 Member States. Full story: Family Law Week.

Judge's Twitter plea to missing mum
A High Court judge has used Twitter to urge a mother who vanished with her three-year-old son to return home. Full story: BBC News.

CASES
R ( A Child : Appeal : Termination of Contact) [2019] EWHC 132 (Fam) (29 January 2019)
Appeal by father against order allowing indirect contact only. Appeal allowed in part. Full report: Bailii.

H (Childen) v (Appeal: Case Management: Part 25 Expert of Treatment) [2019] EWHC 237 (Fam) (21 January 2019)
Appeal by mother against case management decision in proceedings to enforce and vary child arrangements order. Appeal dismissed. Full report: Bailii.

L v M [2019] EWHC 219 (Fam) (08 February 2019)
Application by father for return of children from China.Held that the children were habitually resident in China on the date they were unlawfully retained under article 10, and therefore the Court had no jurisdiction. Full report: Bailii.

G (Children: Fair Hearing), Re [2019] EWCA Civ 126 (07 February 2019)
Appeal by mother from interim care orders made in respect of two young children. Appeal allowed, on the basis that the judge subjected her to improper pressure, as a result of which she did not freely consent to the ICO. Full report: Bailii.

X (Wardship : Foreign Proceedings : Child's Evidence) [2019] EWHC 91 (Fam) (22 January 2019)
Case concerning issue of whether a ward should travel to India to give evidence in the trial of his mother, who is charged with his father's murder. Full report: Bailii.

E (Scottish Adopters: English Adoption Proceedings) [2019] EWFC 9 (06 February 2019)
Judgment considering whether an adoption application in respect of a child placed for adoption in Scotland with Scottish adopters can be determined in England. Full report: Bailii.

M (A Child) [2017] EWCA Civ 2679 (14 December 2017)
Appeal by mother against interim care order in relation to 8 week old child. Appeal dismissed. Full report: Bailii.

C (A young person) [2018] EWHC 3834 (Fam) (02 July 2018)
Proceedings concerning the arrangements for a 16 year old, as between her father and aunt. Full report: Bailii.

LCN v KF & Ors [2019] EWCOP 1 (3 January 2019)
Application under section 18(1)(h) of the Mental Capacity Act 2005 for the settlement of property of child on trust. Full report: Bailii.

*      *      *
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, February 08, 2019

Missed opportunity: Wishy-washy legal aid report kicks effective support down the road

Jane Robey
Commenting on the Ministry of Justice’s Legal Support Action Plan, which follows the government’s review into the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), Jane Robey, CEO of National Family Mediation, said:

“This is a missed opportunity: a very disappointing outcome to a process into which many professional organisations and individuals invested considerable time and ideas.

“We note there is a promise of more money for litigants in person. We sincerely hope this translates into considerably more resources for those organisations such as ourselves which are working with these people ,and providing accurate and bespoke information and guidance free of charge.

 “The report offers a number of broad, wishy-washy statements and recycled money which kick down the road the can of effective support to those who most need it.

“We are afraid that offering legal help hubs in GP practices smacks of a bid to create an eye-catching distraction from the real issues at stake for people suffering the consequences of being denied legal aid. 

“The delay in reviewing legal aid eligibility is baffling: all Ministers need to do is increase the threshold to allow more people access to legal aid: and this would be a great help in driving up numbers going into mediation which is, after all, supposed to be a government priority.

“Our nationwide network stands 100 per cent by our collective submission to the LASPO review, and we will continue to diligently put forward our ideas to transform the landscape for children and adults in separated families.”

New by me this week on the Stowe Family Law Blog


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

Judicial guidance on the exercise of parental responsibility - As in the 2004 case A v A.

Wife fails to prevent arbitration award being put into effect - The rather more recent case BC v BG.

A public health approach to family justice - As considered by the Nuffield Family Justice Observatory.

Husband fails in lump sum claim centred on trust funds - The judgment of Mr Justice Holman in the case Daga v Bangur.

Have a good weekend.

Monday, February 04, 2019

500th edition of the Newsletter!

via GIPHY

And they said it wouldn't last. I have just sent out the 500th edition of the Family Lore Focus Newsletter (yes, it's been going for ten years!).

The Newsletter is a free weekly email sent to subscribers, containing links to all of the the top family law news stories, cases, legislation, articles and blog posts that were reported on my sister site Family Lore Focus that week. The links come from across the web (not just one site!), and are all free to view. In this way, the Newsletter is intended to keep the reader up to date on the latest developments in family law, with no expense, and the minimum of effort.

You can subscribe to the Newsletter here - all that is required is your name and email address.

News Essentials: 4th February 2019


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

NEWS
Resolution and The Law Society issue joint note on No-Deal Brexit and family law
Family lawyer organisation Resolution and The Law Society have issued a joint note for family lawyers in England and Wales, with recommendations in the event of no-deal in relation to Brexit on areas of family law including divorce, maintenance and children proceedings. Full story: Family Law.

'Lackadaisical' approach to case attacked by family judge
A family judge has warned family lawyers not to take a 'lackadaisical' approach to case preparation after the wrong person was summoned as a witness to attend court in a case involving a seven-week old baby who suffered burns covering her groin area. Full story: Law Society Gazette. See Re K & C (Children: Finding of Fact), below.

“Senior judge’s salary enough”, divorcing husband told
A divorcing husband’s income was equivalent to that of senior judges and more than sufficient for his post-divorce needs, the High Court has ruled. Full story: Legal Futures. See Daga v Bangur, below.

Family courts next to test video hearings
A test in the family courts will be the next step in exploring fully video hearings, against a backdrop of widespread concern about the technology among judges, it has emerged. Full story: Legal Futures.

ALC publish study on Judicial Approaches in Settlement Conference Pilots in Children Cases
Findings do not support roll out of the procedure in its current form. Full story: Family Law Week.

CASES
A (Children) [2019] EWCA Civ 74 (01 February 2019)
Appeal by mother from a fact finding judgment given in the course of private law proceedings concerning four children. Appeal allowed. Full report: Bailii.

G-P (A Child) [2019] EWCA Civ 56 (31 January 2019)
Care proceedings. Appeal by childminder against findings of fact in in relation to injuries suffered by child. Appeal dismissed. Full report: Bailii.

Daga v Bangur [2018] EWFC 91 (11 December 2018)
Application by husband for a lump sum payment, or other capital provision from the wife, focusing on two discretionary trust funds of which the wife was the settlor and is a beneficiary. Full report: Bailii.

K & C (Children: Finding of Fact), Re [2018] EWFC B85 (12 October 2018)
Care proceedings concerning twin. Fact-finding hearing to ascertain who caused the injuries to one of the children. Full report: Bailii.

BC v BG [2019] EWFC 7 (28 January 2019)
Application by W that the final arbitral award should not be made an order of the court. Application rejected. Full report: Bailii.

*      *      *
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.

Thursday, January 31, 2019

Internet Newsletter for Lawyers January/February 2019


The latest issue of the Internet Newsletter for Lawyers is now published.
In this issue:
  • Social media – Paul Bernal examines why privacy is the key to Facebook's fake news problem
  • Social media – Alex Heshmaty and Nick Holmes consider how lawyers can make good use of the enigmatic Twitter
  • SEO – Eleanor Reynolds of Hallam Internet describes 10 simple checks to help improve your website's SEO health
  • Drones – Joanne Frears of Lionshead Law explains the regulation of drones and their impact on aerospace
  • Websites – Nick Holmes introduces the new incarnation of Venables Legal Resources
  • This Newsletter – Delia Venables bids farewell as editor of this Newsletter which she founded 20 years ago
  • The web – Nick Holmes explains the concept and ideals of the open web and the threats it faces

Monday, January 28, 2019

News Essentials: 28th January 2019


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

NEWS
Corners may have to be cut and time limits exceeded: Family President
It is neither necessary nor healthy, “in these highly pressured times”, for the courts and the professionals to attempt to undertake ‘business as usual’, the President of the Family Division has said. Full story: Local Government Lawyer.

Family judge praised for ditching legal jargon so child can understand judgment
A family court judge has won plaudits for writing an adoption judgment without legal jargon. Full story: Legal Cheek. See Re X, below.

Almost half of us mistakenly believe that common law marriage exists
Almost half of people in England and Wales mistakenly believe that unmarried couples who live together have a common law marriage and enjoy the same rights as couples that are legally married. Full story: National Centre for Social Research.

Government publishes landmark domestic abuse bill
The government has unveiled the most comprehensive package ever to tackle domestic abuse. Full story: Home Office and Ministry of Justice.

Domestic abuse consultation response and draft bill
Government response to the domestic abuse consultation and draft Domestic Abuse Bill. Full story: Home Office and Ministry of Justice.

CASES
Lemmens v Barbara Brouwers (Ex Lemmens) [2018] EWCA Civ 2963 (27 November 2018)
Appeal by husband against costs order made at the conclusion of a hearing determining his application for a variation of periodical payments. Appeal dismissed. Full report: Bailii.

X (A Child), Re [2018] EWFC B82 (19 December 2018)
Final hearing of uncontested care and placement proceedings in relation to a child aged under one, whose siblings had already been adopted. Full report: Bailii.

H, Re [2018] EWHC 3761 (Fam) (18 December 2018)
Judgment dismissing committal application due to fatal errors in the process. Full report: Bailii.

A Local Authority v BF [2018] EWCA Civ 2962 (21 December 2018)
Application for permission to appeal by a local authority against orders made under the inherent jurisdiction in relation to where a 97-year-old man should reside. Full report: Bailii.

*      *      *
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, January 21, 2019

News Essentials: 21st January 2019


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

NEWS
Bill bans ‘abhorrent’ quizzing of domestic abuse victims in court
Landmark draft legislation also includes measures to raise awareness and support survivors. Full story: The Observer.

Monthly care applications reach three-year low
The number of monthly children's care applications made by councils to family courts has dipped below the 1,000 mark for the first time in more than three years. Full story: Children & Young People Now.

Woman ordered not to contact son is spared jail for attending parents' evening
London woman, who cannot be identified, tells family court there was exemption in order allowing her to attend. Full story: The Guardian.

Child maintenance: changes to powers of entry and information requests
This consultation seeks views on changes to the powers the Child Maintenance Scheme use to calculate child maintenance and enforce payments. Full story: Department for Work and Pensions.

CASES
M v Derbyshire County Council & Ors [2018] EWHC 3734 (Fam) (31 August 2018)
Application by mother for permission to reopen findings of fact made in the course of public law proceedings. Application dismissed. Full report: Bailii.

S v D (Hague Convention: Domestic Abuse: Undertakings: Return to Third State) [2019] EWHC 56 (Fam) (15 January 2019)
Application by father for summary return of child to Hungary. Mother sought to establish that there was a grave risk that return of child to Germany (where they were last habitually resident) or Hungary (where the father now lives) would expose him to physical or psychological harm. Full report: Bailii.

*      *      *
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, January 14, 2019

News Essentials: 14th January 2019


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

NEWS
Government issues deprivation of liberty definition in bid to provide clarity to practitioners
Ministers’ amendment to DoLS replacement bill sets out when a person would not be deprived of liberty, but sparks concerns over compatibility with human rights law. Full story: Community Care.

UK signs and ratifies Hague Choice of Court and Hague Maintenance Conventions
The UK signed and ratified, on 28 December, the 2005 Hague Convention on Choice of Court Agreements and the 2007 Hague Convention on the International Recovery of Child Support and other Forms of Family Maintenance. Full story: Family Law.

Family Justice Council 12th Annual Debate: the use of covert recordings in family law
Transcript and podcast available. Full story: Family Law Week.

Thousands apply online for divorce - including 13 on Christmas Day
Hundreds of people applied for a divorce over the Christmas and New Year period, the government has revealed, in its latest announcement claiming success in moving justice processes online. Full story: Law Society Gazette.

Judge criticises top firm for exacerbating divorce conflict
A top family law firm has been criticised by a High Court judge for exacerbating the conflict in a high-value divorce. Full story: Legal Futures.

Family law ‘does not need lawyers’, claims ex-policeman's McKenzie startup
A former police officer who has set up a venture linking the public with McKenzie friends has told the Gazette it is an ‘irrebuttable truth’ that family law does not need lawyers. Full story: Law Society Gazette.

The Human Fertilisation and Embryology (Parental Orders) Regulations 2018
The Human Fertilisation and Embryology Act 2008 is being amended to allow for one applicant to apply for a parental order. The purpose of this instrument is to set the legal framework for parental orders. Statutory Instrument.

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018
This order amends the Human Fertilisation and Embryology Act 2008 following a declaration by the High Court that s.54 of the Act was incompatible with Art.14 ECHR, in that it only allowed couples to apply for a parental order. The order will amend the Act to allow for a sole applicant for a parental order, and makes provisions consequential on this change.  Statutory Instrument.

CASES
AR v JR [2018] EWHC 3626 (Fam) (28 November 2018)
Application for wife's financial remedies application to be struck out on the basis that it is (a), vexatious, and/or duplicative and/or (b), on the basis there has been prior compromise. Full report: Bailii.

AH v AMH F (Summary return of child to Sudan) [2018] EWHC 2981 (Fam) (19 October 2018)
Final hearing of the mother's application for the summary return of the parties' son to the Republic of the Sudan. Return ordered. Full report: Bailii.

A, Re [2018] EWHC 3625 (Fam) (10 December 2018)
Final hearing of public law proceedings concerning 14 month old boy of dual British / Ghanaian nationality and heritage, in which the issue was whether he should be placed with members of his extended natural family in Ghana, or his foster carer, in England. Full report: Bailii.

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