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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For more news, see here.

For more cases, see here.

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