News Essentials: 8th April 2019
A brief summary of the essential family law news and cases from the last week:
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 Ipekçi 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.
O (A Child: Interim Care Order)  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)  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.
Ipekçi v McConnell  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)  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  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)  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  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 cases, see here.
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