Tuesday, May 28, 2019

News Essentials: 28th May 2019


A brief summary of the essential family law news and cases from the last week:

NEWS
Family Justice Council: Interim Guidance on Special Guardianship
This interim guidance is issued by the Family Justice Council with the approval of the Sir Andrew McFarlane, President of the Family Division, in response to some of the issues identified in Re P-S (Children) [2018] EWCA Civ 1407. Full guidance: Courts and Tribunals Judiciary.

New Cafcass chief executive announced
Jacky Tiotto will replace Anthony Douglas head of the family court advisory service. Full story: Community Care.

£15 million for project to reduce numbers of children in care
The new programme will be modelled on Family Drug and Alcohol Courts and Family Group Conferencing. Full story: Community Care.

Spotlight on child protection in family courts
A panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences, Ministers announced today (Tuesday 21 May). Full story: Ministry of Justice.

CASES
N (Children) [2019] EWCA Civ 903 (22 May 2019)
Child arrangements proceedings. Appeal by father against order dismissing application to vary s.91(14) order. Appeal allowed. Full report: Bailii.

J-S (Children) [2019] EWCA Civ 894 (24 May 2019)
Appeal by father against interim care order, including consideration of the power to order electronic tagging. Full report: Bailii.

Habberfield v Habberfield [2019] EWCA Civ 890 (23 May 2019)
Appeal against finding that daughter of owner of family farm had established an equity based on proprietary estoppel. Appeal dismissed. Full report: Bailii.

S (A Child) [2017] EWCA Civ 2695 (31 August 2017)
Appeal by local authority against order that they should be the designated local authority in care proceedings in relation to a baby born in December 2016. Appeal allowed. Full report: Bailii.

Crowther v Crowther [2017] EWCA Civ 2698 (9 February 2017)
Appeal by husband against order that wife retain matrimonial home, which was bought entirely from inheritance that the wife received following the death of her parents. Appeal allowed. 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, May 20, 2019

News Essentials: 20th May 2019


A brief summary of the essential family law news and cases from the last week:

NEWS
Mental Capacity (Amendment) Act 2019 becomes law
The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May and became law on that day. Full story: Family Law Week.

Theresa May rejects calls from 120 MPs for public inquiry into family courts after four children murdered by abusive parents
Prime minister says government believes formal probe into child deaths not 'necessary'. Full story: The Independent.

Voices of children overlooked in family courts, says ex-head
Family courts in England and Wales are not properly accommodating children's voices and needs because the government has suggested "it would all cost too much", their former head has said. Full story: BBC News.

Judge raises concern about media coverage of Court of Protection case
A judge in a specialist court who is considering whether a mentally ill woman is still able to consent to make love with her husband of more than 25 years has raised concern about media coverage of the case. Full story: Care Appointments. See Re NB, below.

Family President to issue guidance to courts on secure accommodation placements and statutory regime
The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme. Full story: Local Government Lawyer.

Questions raised over future of divorce centres
A question mark has been raised over the future of the government’s regional divorce centres, which have been widely criticised for delays and inefficiencies. Full story: Law Society Gazette.

CASES
London Borough of Ealing v C (Children) [2017] EWCA Civ 2696 (06 July 2017)
Appeal by local authority against decision that there be no order on its application for permission to refuse contact between parents and children in foster care under care orders. Appeal allowed. Full report: Bailii.

W-C-T (Children) [2019] EWCA Civ 845 (04 April 2019)
Appeal by father against finding of fact in care proceedings concerning four children. Appeal dismissed. Full report: Bailii.

AF v SF [2019] EWHC 1244 (Fam) (01 March 2019)
Final hearing of wife's financial remedies claim, in which the husband was found to lack the capacity to litigate. Full report: Bailii.

NB, Re (Consent to sex) [2019] EWCOP 17 (07 May 2019)
Proceedings concerning issue of whether woman with learning difficulty had capacity to consent to sexual relations. 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, May 13, 2019

News Essentials: 13th May 2019


A brief summary of the essential family law news and cases from the last week:

NEWS
Domestic abuse: PM vows to end 'postcode lottery' for victims
Prime Minister Theresa May has vowed to end the "postcode lottery" for victims of domestic abuse. Full story: BBC News.

Latest View from the President’s Chambers sets out need for change in Public and Private Children’s Law
Latest update gives details on the Public and Private Law Working Groups, a financial remedy court update, divorce service centres and the HMCTS Reform Programme. Full story: Family Law Hub.

Video hearings tested in domestic abuse cases
Domestic abuse victims may seek injunctions more easily and with less stress as part of a test into the use of fully-video court hearings. Full story: HM Courts & Tribunals Service.

President of the Family Division releases draft guidance on reporting in the Family Courts
The President of the Family Division, Sir Andrew McFarlane, has released draft guidance, for consultation, on reporting in the Family Courts. Full story: Courts and Tribunals Judiciary.

CASES
A Local Authority v A Mother & Ors [2019] EWCA Civ 799 (09 May 2019)
Appeal by local authority against finding relating to cause of injuries, made in care proceedings concerning a baby girl. Appeal allowed. Full report: Bailii.

L (A Child) [2019] EWHC 867 (Fam) (08 April 2019)
Appeal by mother against order transferring home of child from that of mother and maternal grandmother in London to that of father and the father's new partner in Northern Ireland. Appeal dismissed. Full report: Bailii.

R (A Child) [2019] EWCA Civ 482 (15 February 2019)
Appeal against a reporting restrictions order made  at the conclusion of care proceedings in relation to a young child. 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.

Friday, May 10, 2019

New by me on the Stowe Family Law Blog, and a musical interlude



My posts this (short) week on the Stowe Family Law Blog included:

I am a one in ten. Or should that be four in ten? - The real lesson that the figure for couples needing the court to sort out arrangements for their children teaches us.

The reality of judicial discretion in family law - The views of Mr Justice Mostyn.

Risk of oppressive litigation as a defence in a Hague abduction case - The case being MB v TB.

Have a good weekend.

Tuesday, May 07, 2019

News Essentials: 7th May 2019


A brief summary of the essential family law news and cases from the last week:

NEWS
Even more people set to benefit from online court reform
New legislation making it even easier for court users to apply for small money claims or divorce online was unveiled in the House of Lords today (1 May 2019). Full story: Ministry of Justice.

Children's services 'at breaking point', MPs say
Children's services in England are at breaking point and need a £3.1bn minimum funding boost by 2025, MPs say. Full story: BBC News.

Barristers can act as deputies, Court of Protection rules
Barristers can act as professional property and affairs deputies for people who lack mental capacity, although it is not seen as a legal service, the Court of Protection has ruled. Full story: Legal Futures.

CASES
T-S (Children) [2019] EWCA Civ 742 (01 May 2019)
Care proceedings concerning to three children. Appeal against welfare decision relating to middle child. Appeal allowed. Full report: Bailii.

MB v TB (Art 13 Alleged Risk of Oppressive Litigation) [2019] EWHC 1019 (Fam) (12 April 2019)
Application by father for summary return of child to Israel. Mother raised Art 13(b) defence alleging, inter alia, oppressive litigation by father in Israel. Return ordered. Full report: Bailii.

Lachaux v Lachaux [2019] EWCA Civ 738 (01 May 2019)
Appeal by wife against order recognising Dubai divorce. Appeal dismissed. Full report: Bailii.

Guest v Guest & Anor [2019] EWHC 869 (Ch) (16 April 2019)
A claim based on proprietary estoppel for a share in a family business where a son worked for 30 years at a reduced wage. Full report: Bailii, via Family Law Week.

*      *      *
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.