News Essentials: 24th October 2020


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

NEWS

Family courts crisis deepening amid rise in domestic violence
The president of the family division Sir Andrew McFarlane has this week warned that the problems of the crisis in the family courts were not going away and are getting worse. Full story: Solicitors Journal.

Family lawyers embrace mixed teams to offer non-court alternatives
An increasing number of family law specialist teams are joining with other disciplines and professionals to help clients a wider range of services that do not involve the court process, it has emerged. Full story: Legal Futures.

New public law cases received by Cafcass increased by 7 per cent in September
Cafcass received a total of 1,499 new public law applications (involving 2,335 children) in September – 104 applications (7.5 per cent) more than in the same month last year. Full story: Family Law Week.

New private law cases received by Cafcass in September 14 per cent higher than 2019
Cafcass received a total of 4,262 new private law cases (involving 6,566 children) in September 2020 – 14.5 per cent (or 540 cases) higher than the same month last year. Full story: Family Law Week.

Remote hearings “can bring horror into your home”, says judge
A particularly unwelcome issue for judges hearing cases remotely is that some of the most disturbing elements of serious family cases are being heard at home, a High Court judge reported last week. Full story: Legal Futures.

FGM campaigner Nimco Ali appointed as Tackling Violence Against Women and Girls adviser
On 9 October 2020 the Home Office announced that Nimco Ali OBE, CEO of The Five Foundation, The Global Partnership To End FGM, had been appointed as an Independent Government Adviser on Tackling Violence Against Women and Girls. Full story: Family Law Week.

Effect of pandemic on children's wellbeing revealed in new report
A report published to mark World Mental Health Day on 10 October has provided a detailed picture of the experiences of children and young people during the pandemic and how it has affected their wellbeing. Full story: Family Law Week.

CASES

OCC v P [2020] EWFC B48 (21 October 2020)
Final hearing of care proceedings concerning ten-month old boy. Full report: Bailii.

OCC v P [2020] EWFC B47 (01 June 2020)
Welfare hearing in care proceedings concerning three children aged seven years, five years and just over 2 years. Full report: Bailii.

Haley v Haley [2020] EWCA Civ 1369 (23 October 2020)
Appeal by husband against refusal of court to interfere with financial remedy arbitration award. appeal allowed. Full report: Bailii. For my note, see here.

B (A Child) [2019] EWFC B93 (16 December 2019)
Final hearing of care proceedings concerning child of Hungarian origin, whose brother had committed suicide. Full report: Bailii.

C (a Child : Care Proceedings) [2020] EWFC B46 (06 January 2020)
Final hearing of care proceedings in relation to child born in 2017. Judgment includes criticisms of approach taken by LA. Full report: Bailii.

A (A Child), Re [2020] EWHC 2784 (Fam) (16 October 2020)
Application by mother for summary return of child to Italy. Return ordered. Full report: Bailii.

M v G (Hague Convention: Article 13 (b) defence) (Rev 1) [2020] EWHC 1450 (Fam) (15 May 2020)
Application by father for summary return of child to Australia. Return ordered. Full report: Bailii.

A Local Authority v B (Dispensing with Service) [2020] EWHC 2741 (Fam) (19 October 2020)
Application by local authority seeking declaration authorising the deprivation of 17 year old's liberty. Judgment considering issue of whether the father should be served with notice of the application. Full report: Bailii.

T and J (Children) [2020] EWCA Civ 1344 (20 October 2020)
Appeal brought by a mother against findings made in care proceedings concerning her two sons. Appeal dismissed. Full report: Bailii.

H (Interim Care: Scottish Residential Placement) [2020] EWHC 2780 (Fam) (20 October 2020)
Care proceedings concerning 15 year old young person. Judgment considering issue of the legislative or other legal framework under which a placement of an English child in a Scottish residential care home can be achieved, or authorised and/or recognised. Full report: Bailii.

Re X (Care Proceedings: Jurisdiction and Fact Finding) [2020] EWHC 2742 (Fam) (19 October 2020)
Care proceedings concerning 15 year old young person brought to England from the USA by her stepmother. Full report: Bailii.

Yearwood v Yearwood [2020] UKPC 26 (19 October 2020)
Appeal by husband against orders registering English financial remedy orders in Antigua and Barbuda under the Reciprocal Enforcement of Judgments Act. Appeal dismissed. Full report: JCPC (PDF).

Z v X (Declaration of Parentage) [2020] EWFC 67 (14 August 2020)
Applications for declarations of parentage in relation to three children conceived via IVF treatment. Full report: Bailii.

Lucy (care proceedings) [2020] EWHC 2801 (Fam) (09 October 2020)
Final hearing of care proceedings, following finding that child's older brother died at the hands of either his father, mother or older brother. Full report: Bailii.

Prospective Adopters v Sheffield City Council [2020] EWHC 2783 (Fam) (21 October 2020)
Application by the prospective adopters of two sisters, G, aged nine, and M, aged seven, under sections 6 and 7 the Human Rights Act 1998 for a mandatory injunction that the local authority shall return M to the physical care of the applicants. Full report: Bailii.

C (A Child: Adoption) [2020] EWFC 66 (09 October 2020)
Final hearing of care proceedings concerning 1 year-old child. Care and placement orders made. Full report: Bailii.

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