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.

*      *      *
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.

*      *      *
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.

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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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.

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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.

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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.

*      *      *
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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.