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.

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For more news, see here.

For more cases, see here.

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