Monday, July 15, 2019

News Essentials: 15th July 2019


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

NEWS
Heterosexual couples may be allowed to convert marriages to civil unions
Ministers in England and Wales are considering how to extend civil partnerships. Full story: The Guardian.

Hale risks political storm by questioning legislation before parliament
The president of the Supreme Court has taken the constitutionally unusual step of publicly criticising a bill that is making its way through parliament. Full story: Law Society Gazette.

CASES
O'Dwyer v O'Dwyer [2019] EWHC 1838 (Fam) (12 July 2019)
Appeal by husband against spousal maintenance order, on the basis that the judge was wrong to identify the income stream of a business as matrimonial property. Appeal allowed. Full report: Bailii.

AB (Termination of Pregnancy), Re [2019] EWCA Civ 1215 (11 July 2019)
Appeal against order that would have allowed the termination of the pregnancy of a 24-year-old woman with moderate learning disabilities. Appeal allowed. Full report: Bailii.

X v Y (Permission to Appeal) [2019] EWHC 1713 (Fam) (03 July 2019)
Application by father for permission to appeal against financial remedies order. 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, July 12, 2019

New by me this week on the Stowe Family Law Blog


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

The new Guide to the Treatment of Pensions on Divorce, and why it is needed - As the title says.

Hard talking with Lady Hale - Lady Hale's interview on the BBC HARDtalk programme.

A few thoughts on the recommendations of the Private Law Working Group - A quick look at some of their proposals for reform of the CAP.

Sir James Munby laments the state of the Family Court - In his recent speech at the Bloomsbury Publishing Family Law Conference.

Have a good weekend.

Monday, July 08, 2019

News Essentials: 8th July 2019


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

NEWS
Consultation: Children Cases in the Family Court – Interim Proposals for Reform
President of the Family Division launches public and private law consultation. Full story: Courts and Tribunals Judiciary.

New good practice guide addresses shortfall in understanding of how to treat pensions on divorce
An essential guide to the treatment of pensions on divorce has been published today by the Pension Advisory Group. The long awaited report brings guidance to family judges, lawyers and pension experts encouraging fairer settlements and helping to manage liability. Full story: Nuffield Foundation.

CASES
W-P (Children) [2019] EWCA Civ 1120
This case concerns an appeal by the mother against special guardianship orders that were made in respect of her two sons, L (10) and A (9) in favour of their paternal grandparents. Full report: Family Law Week.

Gray v Hurley [2019] EWHC 1636 (QB) (25 June 2019)
Judgment in Queen's Bench Division providing international family lawyers with a meticulous overview on establishing forum. A claim issued first elsewhere in the world, may not of itself be determinative. World-wide assets were brought under the overarching jurisdiction of the High Court. The sophisticated construct of trust claims engaged specific Articles. Full report: Bailii, via Family Law Week.

J (Children: Relocation) [2018] EWCA Civ 1372 (08 May 2018)
Application by mother fort permission to appeal against refusal of application to relocate with children to Ukraine, and appeal by father against order allowing the mother to return temporarily to Ukraine with the children. 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, July 01, 2019

News Essentials: 1st July 2019


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

NEWS
Family Court Statistics Quarterly: January to March 2019
Quarterly data on the volume of cases dealt with by family courts over time, with statistics also broken down for the main types of case involved. Full story: Ministry of Justice.

Judges overturn 'forced abortion' ruling
A woman has won an appeal against a court ruling that would have seen her mentally ill daughter forced to have an abortion. Full story: BBC News.

Man who refused to register son's birth loses high court case
Father said he did not want his baby to be controlled by the British state. Full story: The Guardian.

CASES
MB v EB [2019] EWHC 1649 (Fam) (25 June 2019)
Preliminary hearing in financial remedy proceedings to determine: i) the length of the marriage between the parties; ii) the impact of a separation agreement entered into in 2011; and iii) whether there was any marital acquest. Full report: Bailii.

SC v TC [2019] EWHC 1637 (Fam) (14 March 2019)
Appeal against order moving residence of child to father. The appeal was allowed, as the hearing was flawed due to there having been direct communication between the Judge and the solicitor at NYAS and others, without the knowledge of either parent. Full report: Bailii.

Z (care orders : designated local authority), Re [2019] EWFC B30 (11 June 2019)
Care proceedings concerning four children, in which the issue arose as to which local authority should be the designated local authority. Full report: Bailii.

C (Children) [2018] EWCA Civ 900 (07 March 2018)
Appeal by local authority against decision as to designated local authority in care proceedings. Appeal allowed. 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, June 24, 2019

News Essentials: 24th June 2019


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

NEWS
McFarlane tells family lawyers: don't do more than a full day's work
Tweets highlighting unreasonable judicial behaviour are likely to be referred to local leadership judges, the president of the family division has warned, after reading two social media posts last weekend about judges. Full story: Law Society Gazette.

Family Justice Panel update
Panel members confirmed to steer call for evidence on how the family courts protect children and parents in cases of domestic abuse and other serious offences. Full story: Ministry of Justice.

Divorce, Dissolution and Separation Bill: What does research tell us?
The Nuffield Foundation has published a new briefing note, authored by Professor Liz Trinder, ahead of the second reading of the Divorce, Dissolution and Separation Bill which is scheduled in the House of Commons on Tuesday 25 June. Full story: Nuffield Foundation.

Extension of the Financial Remedies Courts project to 8 new zones is a success
Today, Wednesday 19th June 2019, a press release was issued from the Judiciary of England and Wales, written by Mr Justice Mostyn acting as the National Lead Judge for the Financial Remedies Courts project. Full story: Class Legal.

President issues guidance on forms of order in children cases
The President of the Family Division, Sir Andrew McFarlane, has published guidance on Forms of Orders in Children Cases, for judicial and practitioner's information. Full story: Family Law Week.

Campaigners call for shared parenting presumption in the law
Campaigners for shared parental rights have called for a presumption in law that children will spend roughly equal time with their parents following a separation or divorce, after a YouGov survey suggested the majority of the public agrees. Full story: Law Society Gazette.

CASES
SD v AFH (Appeal: Coercive and controlling behaviour: Inference or speculation) [2019] EWHC 1513 (Fam) (13 June 2019)
Application by father for permission to appeal against findings of coercive and controlling behaviour in private law proceedings. Permission refused. Full report: Bailii.

T (A child), Re [2019] EWHC 1572 (Fam) (12 June 2019)
Care proceedings in which the issue arose as to the registration of the child's birth, the father being fundamentally opposed to registration. Full report: Bailii.

NY (A Child : 1980 Hague Abduction Convention : Inherent Jurisdiction) [2019] EWCA Civ 1065 (18 June 2019)
Mother's appeal from order requiring the summary return of child to Israel. Appeal dismissed. Full report: Bailii.

M (Deprivation of Liberty in Scotland) [2019] EWHC 1510 (Fam) (17 June 2019)
Judgment concerning deprivation of liberty of 13 year old girl currently accommodated in a placement in Scotland. Full report: Bailii.

London Borough of Wandsworth v Lennard [2019] EWHC 1552 (Fam) (14 June 2019)
Application by local authority to commit defendant for alleged breach of order prohibiting him from harassing employees of the local authority. 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, June 17, 2019

News Essentials: 17th June 2019


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

NEWS
Draft Domestic Abuse Bill report published by Joint Committee
Greater protection needed for victims of domestic abuse. Full story: Family Law Week.

End to divorce ‘blame game’ moves closer
Biggest shake up of divorce laws in 50 years aimed at reducing conflict and supporting children and families. Full story: Ministry of Justice.

Expected implementation date for DoLS replacement model announced by care minister
Liberty Protection Safeguards due to come into force in October 2020, though existing Deprivation of Liberty Safeguards authorisations will remain in place until they expire. Full story: Community Care.

CASES
A Child (Threshold: Inflicted Injury and Domestic Abuse) [2019] EWHC 1511 (Fam) (21 May 2019)
Judgment in care proceedings principally dealing with issues relating to the responsibility for the causation of injuries to child, and to determine the extent to which the mother failed to protect him. Full report: Bailii.

B v A Local Authority [2019] EWCA Civ 913 (11 June 2019)
Appeal against order making various declarations as to the mental capacity of 31 year old woman with learning difficulties, epilepsy and considerable social care needs. 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, June 10, 2019

News Essentials: 10th June 2019


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

NEWS
Domestic abuse survivors 'more at risk of serious mental illness'
Women who experience domestic abuse are three times more likely to develop a serious mental illness, Birmingham University research suggests. Full story: BBC News.

Campaigners call for reforms to surrogacy laws
Consultation urges creation of national register to allow those raised by surrogate parents to find out about their origins. Full story: The Guardian.

CASES
A City Council v LS & Ors (Secure Accommodation Inherent Jurisdiction) [2019] EWHC 1384 (Fam) (04 June 2019)
Judgment dealing with issue of whether the High Court has power under inherent jurisdiction, upon the application of a local authority, to authorise the placement in secure accommodation of a 17 year old child who is not looked after by that local authority, whose parent objects to that course of action, but who is demonstrably at grave risk of serious, and possibly fatal 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, June 03, 2019

Internet Newsletter for Lawyers May/June 2019

The latest issue of the Internet Newsletter for Lawyers is now published.
In this issue:
  • Litigation – Edward Bird of Solomonic explains the ins and outs of predictive analytics for civil litigation
  • Publishers – David Hand brings us up to date on developments at Justis Publishing, now part of vLex
  • Crowdfunding – Daniel Jennings of Wright Hassall considers the rising model of litigation crowdfunding
  • Legal practice – Jordan Furlong argues for a complete rethink of how we provide legal services, starting from scratch
  • The Online Court – Nick Holmes reviews the development of the Online Court and the digitisation of justice
  • Digital marketing – Elle Pollicott of Hallam Internet explains the importance of content marketing in a digital strategy
  • Plus – Computers & Law reshaped; Regulation update; Workplace monitoring

News Essentials: 3rd June 2019


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

NEWS
Legal aid: change of process in family high cost cases from 3 June 2019
The high cost family case planning process has been changed. Full story: Family Law Week.

Family courts failing victims of abuse and rape, say experts calling for inquiry
Risk assessment is inadequate and victims are told to limit number of allegations, letter to MoJ states. Full story: The Guardian.

Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 comes into force
On Sunday, 26 May, the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 came into force. Full story: Family Law Week.

CASES
CA v KA [2019] EWHC 1347 (Fam) (11 April 2019)
Judgment on application by father for the summary return to Germany of his daughter. Application dismissed, on the basis of acquiescence. Full report: Bailii.

Chaudhri v Shafi & Ors [2019] EWHC 1272 (Fam) (16 April 2019)
Hearing reconsidering the making of a freezing order made in connection with the failure of the respondent to comply with a lump sum order. 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.

Tuesday, May 28, 2019

News Essentials: 28th May 2019


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

NEWS
Family Justice Council: Interim Guidance on Special Guardianship
This interim guidance is issued by the Family Justice Council with the approval of the Sir Andrew McFarlane, President of the Family Division, in response to some of the issues identified in Re P-S (Children) [2018] EWCA Civ 1407. Full guidance: Courts and Tribunals Judiciary.

New Cafcass chief executive announced
Jacky Tiotto will replace Anthony Douglas head of the family court advisory service. Full story: Community Care.

£15 million for project to reduce numbers of children in care
The new programme will be modelled on Family Drug and Alcohol Courts and Family Group Conferencing. Full story: Community Care.

Spotlight on child protection in family courts
A panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences, Ministers announced today (Tuesday 21 May). Full story: Ministry of Justice.

CASES
N (Children) [2019] EWCA Civ 903 (22 May 2019)
Child arrangements proceedings. Appeal by father against order dismissing application to vary s.91(14) order. Appeal allowed. Full report: Bailii.

J-S (Children) [2019] EWCA Civ 894 (24 May 2019)
Appeal by father against interim care order, including consideration of the power to order electronic tagging. Full report: Bailii.

Habberfield v Habberfield [2019] EWCA Civ 890 (23 May 2019)
Appeal against finding that daughter of owner of family farm had established an equity based on proprietary estoppel. Appeal dismissed. Full report: Bailii.

S (A Child) [2017] EWCA Civ 2695 (31 August 2017)
Appeal by local authority against order that they should be the designated local authority in care proceedings in relation to a baby born in December 2016. Appeal allowed. Full report: Bailii.

Crowther v Crowther [2017] EWCA Civ 2698 (9 February 2017)
Appeal by husband against order that wife retain matrimonial home, which was bought entirely from inheritance that the wife received following the death of her parents. Appeal allowed. 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, May 20, 2019

News Essentials: 20th May 2019


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

NEWS
Mental Capacity (Amendment) Act 2019 becomes law
The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May and became law on that day. Full story: Family Law Week.

Theresa May rejects calls from 120 MPs for public inquiry into family courts after four children murdered by abusive parents
Prime minister says government believes formal probe into child deaths not 'necessary'. Full story: The Independent.

Voices of children overlooked in family courts, says ex-head
Family courts in England and Wales are not properly accommodating children's voices and needs because the government has suggested "it would all cost too much", their former head has said. Full story: BBC News.

Judge raises concern about media coverage of Court of Protection case
A judge in a specialist court who is considering whether a mentally ill woman is still able to consent to make love with her husband of more than 25 years has raised concern about media coverage of the case. Full story: Care Appointments. See Re NB, below.

Family President to issue guidance to courts on secure accommodation placements and statutory regime
The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme. Full story: Local Government Lawyer.

Questions raised over future of divorce centres
A question mark has been raised over the future of the government’s regional divorce centres, which have been widely criticised for delays and inefficiencies. Full story: Law Society Gazette.

CASES
London Borough of Ealing v C (Children) [2017] EWCA Civ 2696 (06 July 2017)
Appeal by local authority against decision that there be no order on its application for permission to refuse contact between parents and children in foster care under care orders. Appeal allowed. Full report: Bailii.

W-C-T (Children) [2019] EWCA Civ 845 (04 April 2019)
Appeal by father against finding of fact in care proceedings concerning four children. Appeal dismissed. Full report: Bailii.

AF v SF [2019] EWHC 1244 (Fam) (01 March 2019)
Final hearing of wife's financial remedies claim, in which the husband was found to lack the capacity to litigate. Full report: Bailii.

NB, Re (Consent to sex) [2019] EWCOP 17 (07 May 2019)
Proceedings concerning issue of whether woman with learning difficulty had capacity to consent to sexual relations. 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, May 13, 2019

News Essentials: 13th May 2019


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

NEWS
Domestic abuse: PM vows to end 'postcode lottery' for victims
Prime Minister Theresa May has vowed to end the "postcode lottery" for victims of domestic abuse. Full story: BBC News.

Latest View from the President’s Chambers sets out need for change in Public and Private Children’s Law
Latest update gives details on the Public and Private Law Working Groups, a financial remedy court update, divorce service centres and the HMCTS Reform Programme. Full story: Family Law Hub.

Video hearings tested in domestic abuse cases
Domestic abuse victims may seek injunctions more easily and with less stress as part of a test into the use of fully-video court hearings. Full story: HM Courts & Tribunals Service.

President of the Family Division releases draft guidance on reporting in the Family Courts
The President of the Family Division, Sir Andrew McFarlane, has released draft guidance, for consultation, on reporting in the Family Courts. Full story: Courts and Tribunals Judiciary.

CASES
A Local Authority v A Mother & Ors [2019] EWCA Civ 799 (09 May 2019)
Appeal by local authority against finding relating to cause of injuries, made in care proceedings concerning a baby girl. Appeal allowed. Full report: Bailii.

L (A Child) [2019] EWHC 867 (Fam) (08 April 2019)
Appeal by mother against order transferring home of child from that of mother and maternal grandmother in London to that of father and the father's new partner in Northern Ireland. Appeal dismissed. Full report: Bailii.

R (A Child) [2019] EWCA Civ 482 (15 February 2019)
Appeal against a reporting restrictions order made  at the conclusion of care proceedings in relation to a young child. 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, May 10, 2019

New by me on the Stowe Family Law Blog, and a musical interlude



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

I am a one in ten. Or should that be four in ten? - The real lesson that the figure for couples needing the court to sort out arrangements for their children teaches us.

The reality of judicial discretion in family law - The views of Mr Justice Mostyn.

Risk of oppressive litigation as a defence in a Hague abduction case - The case being MB v TB.

Have a good weekend.

Tuesday, May 07, 2019

News Essentials: 7th May 2019


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

NEWS
Even more people set to benefit from online court reform
New legislation making it even easier for court users to apply for small money claims or divorce online was unveiled in the House of Lords today (1 May 2019). Full story: Ministry of Justice.

Children's services 'at breaking point', MPs say
Children's services in England are at breaking point and need a £3.1bn minimum funding boost by 2025, MPs say. Full story: BBC News.

Barristers can act as deputies, Court of Protection rules
Barristers can act as professional property and affairs deputies for people who lack mental capacity, although it is not seen as a legal service, the Court of Protection has ruled. Full story: Legal Futures.

CASES
T-S (Children) [2019] EWCA Civ 742 (01 May 2019)
Care proceedings concerning to three children. Appeal against welfare decision relating to middle child. Appeal allowed. Full report: Bailii.

MB v TB (Art 13 Alleged Risk of Oppressive Litigation) [2019] EWHC 1019 (Fam) (12 April 2019)
Application by father for summary return of child to Israel. Mother raised Art 13(b) defence alleging, inter alia, oppressive litigation by father in Israel. Return ordered. Full report: Bailii.

Lachaux v Lachaux [2019] EWCA Civ 738 (01 May 2019)
Appeal by wife against order recognising Dubai divorce. Appeal dismissed. Full report: Bailii.

Guest v Guest & Anor [2019] EWHC 869 (Ch) (16 April 2019)
A claim based on proprietary estoppel for a share in a family business where a son worked for 30 years at a reduced wage. Full report: Bailii, via Family Law Week.

*      *      *
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, April 29, 2019

News Essentials: 29th April 2019


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

NEWS
Boy must leave mother with 'hateful feelings' for father, judge rules
Eight-year-old has to live with father to avoid significant emotional harm, parents told. Full story: The Guardian. See the MFS case, below.

Legal aid changes to streamline family work
New approach from 19 April 2019. Full story: Family Law Week.

'Not good enough' - Munby criticises regional divorce centre errors
Days after the most senior family judge apologised to practitioners for delays and inefficiencies at the regional divorce centres, his outspoken predecessor has criticised HM Courts & Tribunals Service for being 'unable or unwilling' to resource them adequately. Full story: Law Society Gazette. See the Baron case, below.

Court of Appeal sets aside 'absurd' care decision after 'shambolic' case
The Court of Appeal has delivered an excoriating assessment of a judge’s ‘unprecedented’ summary dismissal of care proceedings at an interim procedural stage. Full story: Law Society Gazette. See H-L (Children), below.

Legal Aid Agency guidance on interpreters at court clarified
The Legal Aid Agency has revised its Guidance on Remuneration of Expert Witnesses to clarify payments for legally aided interpreters at court. Full story: Family Law Week.

Separated families population statistics: April 2014 to March 2017
Estimates of the separated families population and their child maintenance arrangements. Analysis also shows separated families with no arrangement. Full story: Department for Work and Pensions.

CASES
Giusti v Ferragamo [2019] EWCA Civ 691 (17 April 2019)
Appeal by wife against order staying her English divorce petition, and dismissing her application for a single joint expert to be instructed to provide an opinion on Italian law. Full report: Bailii.

G-L-T (Children) [2019] EWCA Civ 717 (17 April 2019)
Care proceedings. Appeal by father against finding that he had 'failed to protect' his son by failing to inform various medical professionals that he was no longer suffering from seizures or apnoea. Appeal allowed. Full report: Bailii.

Grandison & Anor v Joseph [2019] EWHC 977 (Fam) (01 April 2019)
Appeal by husband against order requiring him to transfer the legal title to 42 properties from either the joint names of the parties or the wife's name into his sole name, and obtain the release of the wife from her obligations under the mortgages on the properties. Appeal dismissed. Full report: Bailii.

H-L (Children: Summary Dismissal of Care Proceedings) [2019] EWCA Civ 704 (17 April 2019)
Appeal by local authority against summary dismissal of care proceedings. Appeal allowed. Full report: Bailii.

Baron & Ors (4 Defective Divorces) [2019] EWFC 26 (17 April 2019)
Applications by the Queen's Proctor for the setting aside of decrees in four different cases on the ground that the petitions had been presented before the expiration of the period of one year from the date of the marriage. Full report: Bailii.

H (Abduction: Retention In Non-Contracting State), Re [2019] EWCA Civ 672 (16 April 2019)
Appeal by mother against order under Hague Convention for return of child to Australia, on ground that the act relied on as constituting the alleged wrongful retention took place in a state which is not a party to the Convention. Appeal dismissed. Full report: Bailii.

MFS (Appeal: Transfer of Primary Care) [2019] EWHC 768 (Fam) (29 March 2019)
Application by mother for permission to appeal against order that child move to live with his father. Permission 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.

Monday, April 15, 2019

News Essentials: 15th April 2019


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

NEWS
The implementation and delivery of the family court settlement conferences pilot: a process evaluation
Research to understand the views and experiences of professionals taking part in the settlement conferences pilot. Full story: Ministry of Justice.

Reform of the legal requirements for divorce
This report provides a summary of the feedback received through the consultation and the government’s response. Full story: Ministry of Justice.

New divorce law to end the blame game
New legislation to overhaul divorce law and reduce family conflict. Full story: Ministry of Justice.

CASES
Pierburg v Pierburg [2019] EWFC 24 (11 April 2019)
Judgment considering whether there was jurisdiction for the petitioner wife to apply for divorce in England and Wales. Full report: Bailii.

XW v XH [2019] EWCA Civ 549 (02 April 2019)
Application for a reporting restrictions order made on behalf of the Appellant wife, in advance of the hearing of her appeal in financial remedy proceedings. Full report: Bailii.

A (Children) [2019] EWCA Civ 609 (07 March 2019)
Appeal by father against dismissal of application for leave to oppose the making of adoption orders in respect of his two children. Appeal dismissed. Full report: Bailii.

H v T (Judicial Change of Mind) [2018] EWHC 3692 (Fam) (24 May 2018)
Appeal by husband against financial remedies order. Appeal dismissed, following judicial change of mind. 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, April 08, 2019

News Essentials: 8th April 2019


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

NEWS
Sir Andrew McFarlane addresses Resolution Conference on ‘Interesting Times’
Sir Andrew McFarlane, the President of the Family Division, addressing the Resolution Conference on 5 April, took the opportunity to offer "an update on the major changes which are currently being developed and which will have a major impact on every aspect of family law during the next twelve months". Full story: Family Law Week.

‘No weight given’ to pre-nuptial agreement in divorce of cosmetics heiress
Mostyn J awards husband £1.3 million. Full story: Family Law Week. See Ipek├ži v McConnell, below.

Legal Aid Agency publishes updated Guidance on Remuneration of Expert Witnesses
The Legal Aid Agency has published an updated version of the Guidance on the Remuneration of Expert Witnesses. The guidance covers fees, prior authority and provisions for specific types of expert. Full story: Family Law Week.

Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
The Civil Partnerships, Marriages and Deaths (Registration Etc.) Act 2019 received Royal Assent last week, paving the way for the first opposite-sex civil partnerships to take place in England and Wales by the end of the year, as well as ushering in further reforms relating to the family. Full story: Family Law Hub.

Government ditches plan for deprivation of liberty definition in DoLS replacement bill
U-turn follows House of Lords’ rejection of government’s proposed definition and comes as Parliament seeks to agree final version of legislation to Liberty Protection Safeguards. Full story: Community Care.

Judge to consider if husband can maintain intimate relationship with vulnerable wife
A judge in a specialist court might have to decide whether a man can keep making love to his wife of more than 20 years. Full story: Care Appointments.

CASES
O (A Child: Interim Care Order) [2019] EWCA Civ 583 (28 March 2019)
Appeal by local authority against decision to replace interim care order with interim supervision order. Appeal allowed. Full report: Bailii.

M (Children) [2018] EWCA Civ 3038 (20 December 2018)
Application for permission to appeal considering whether an interim care order with a plan for removal immediately into foster care was necessary. Full report: Bailii.

Ipek├ži v McConnell [2019] EWFC 19 (04 April 2019)
Judgment on husband's financial remedy claim. No weight given to prenuptial agreement. Full report: Bailii.

B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575 (04 April 2019)
Care proceedings. Appeal raising question of principle about the proper approach to the identification of a perpetrator in circumstances where children had suffered significant harm as a result of alleged ill-treatment. Full report: Bailii.

P-G (Children) V [2015] EWCA Civ 1025 (29 July 2015)
Appeal by father against findings of fact in child arrangements proceedings. Appeal allowed. Full report: Bailii.

G (Children : Intractable Dispute) [2019] EWCA Civ 548 (03 April 2019)
Appeal by father against refusal of application for orders that children should live with him or have contact with him, and order preventing him from bringing further applications without permission for three years. Appeal dismissed. Full report: Bailii.

East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10 (21 March 2019)
Application by NHS Trust for orders that patient lacks capacity to make a decision regarding whether to undergo the leg amputation surgery, and that it is lawful to carry out that surgery. 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.

Monday, April 01, 2019

News Essentials: 1st April 2019


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

NEWS
Family law disputes involving EU after Brexit: guidance for legal professionals
Guidance for legal professionals on cross-border family law disputes (including divorce and child maintenance) after Brexit if the UK leaves the EU without a deal. Full story: Ministry of Justice.

Family Court Statistics Quarterly: October to December 2018
Quarterly and annual data on the volume of cases dealt with by family courts over time, with statistics also broken down for the main types of case involved. Full story: Ministry of Justice.

Child maintenance: changes to powers of entry and information requests
The government published a response to this consultation on 26 March 2019. Full story: Department for Work and Pensions.

Government backs down over 'myth-busting' guide on child protection
Children’s charities and social work groups had launched an application for judicial review. Full story: The Guardian.

CASES
PR v JES & Anor (Appeal: Sexual Abuse, Fact Finding) [2019] EWHC 791 (Fam) (29 March 2019)
Appeal by father against findings of fact in child arrangements proceedings. Appeal allowed. Full report: Bailii.

C (Declaration of Parentage Written Consent), Re [2019] EWHC 648 (Fam) (12 February 2019)
Application for declaration of parentage in respect of child conceived following IVF treatment with donor sperm, the issue of the child's legal parentage arising as a result of an administrative error made by the IVF clinic. Full report: Bailii.

A (A Child) (Hague Abduction; Art 13(B): Protective Measures) [2019] EWHC 649 (Fam) (14 February 2019)
Application by father for summary return of child to Latvia. Consideration of protective measures offered by father in response to mother's Art 13(b) defence. Full report: Bailii.

Rothschild v Charmaine De Souza [2018] EWHC 1855 (Fam) (19 July 2018)
Judgment in financial remedy proceedings dealing with issue of who really owns a company and certain properties. 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, March 29, 2019

Internet Newsletter for Lawyers March/April 2019

The latest issue of the Internet Newsletter for Lawyers is now published.
In this issue:
  • Copyright – Simon Stokes of Blake Morgan looks at how copyright law is being challenged by disruptive technologies like AI and blockchain
  • Online dispute resolution – Graham Ross of ODR training sees smart settlement tools as an opportunity for mediators
  • Remote working – Shireen Smith describes the benefits of remote working based on the experience of moving her firm
  • Algorithms – Will Richmond-Coggan of Freeths explains how algorithms work and considers the legal protections
  • Driverless cars – Matthew Claxson of Moore Blatch looks at regulatory and industry progress and ahead to the future
  • Court technology – Alex Heshmaty of Legal Words surveys technologies currently employed in the courtroom
  • The web – Nick Holmes on how Tim Berners-Lee and other leading players see the state of the web 30 years on
Image: Adapted detail from the cover of Digital Copyright.

My posts this week on the Stowe Family Law Blog


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

A million words …and hopefully the odd wise one - Looking back at my five and a half years writing for the Stowe Family Law blog.

Sir James Munby finds that irregularity in divorce did not make it invalid - In the case M v P.

Mother found to have maliciously fabricated allegations against father - The recent case Re ABCDEF (Fact Finding: Honour Based Violence).

The cost of ‘initial skirmishes’ - (i.e. 'jostling for position' before the real proceedings begin), as demonstrated by the case AJ v DM.

Have a good weekend.

Monday, March 25, 2019

News Essentials: 25th March 2019


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

NEWS
‘Victims of the justice system’ left to rely on free help from lawyers let down by courts, judiciary and legal aid, blasts former top family judge
Errors by courts and judges that left a couple’s final divorce decree potentially void was exposed in a judgment from the former head of the family division, who slammed the state for “washing its hands” of the problem it created by not granting legal aid to the parties to resolve their case. Full story: Legal Cheek. See M v P, below.

Stalking Protection Act 2019 comes into force
The Stalking Protection Act 2019 received Royal Assent on 15 March 2019. It comes into force immediately. Full story: Family Law Week.

Brexit Secretary responds to Children’s Commissioners’ ‘No Deal’ concerns
‘Arrangements are in place to ensure protection of children when UK leaves the EU’. Full story: Family Law Week.

Effective co-parenting is key to keeping children out of the courts: Cafcass
“Public health approach would help prevent cases from reaching crisis point”. Full story: Family Law Week.

Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 comes into force
The Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 received Royal Assent on 15 March 2019. It comes into force immediately. Full story: Family Law Week.

No fault divorce is consistent with international trends
Nuffield Foundation research seeks to inform MoJ consultation. Full story: Family Law Week.

CASES
M v P [2019] EWFC 14 (22 March 2019)
Application by Queen's Proctor to set aside a decree nisi of divorce by reason of non-compliance with section 1(2)(d) MCA 1973. Full report: Bailii.

AJ v DM [2019] EWHC 702 (Fam) (06 March 2019)
Judgment considering, inter alia, issue of jurisdiction in divorce proceedings, where the parties had last lived together in St Lucia. Full report: Bailii.

B v M [2018] EWHC 1473 (Fam) (26 April 2018)
Judgment in care proceedings, in case in which for the whole of his life, bar the first 8 weeks, the child had been cared for by the second cousin of the father and his partner, in an unlawful placement. Full report: Bailii.

DCC v NLH [2019] EWCOP 9 (19 March 2019)
Order retrospectively authorising the taking of DNA sample from man lacking capacity. Full report: Bailii.

CS v SBH & Ors [2019] EWHC 634 (Fam) (18 March 2019)
Appeal by child against dismissal of application for variation of order that child live with father. Full report: Bailii.

VB v JD & Ors [2019] EWHC 612 (Fam) (05 February 2019)
Appeal by mother against order stopping all direct contact with child. 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.