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.

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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 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.

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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 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.

*      *      *
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.