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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