News Essentials: 20th March 2021


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

NEWS

UK woman loses latest bid to keep daughter on life support
Paula Parfitt intends to take appeal to supreme court after judges rule against her in London. Full story: The Guardian.

No legal aid for parents fighting to continue baby's life-sustaining treatment
Parents fighting to continue life-sustaining treatment for their baby faced going to court without legal representation because they were not eligible for legal aid, a High Court judgment has revealed. Full story: Law Society Gazette.

Infographic: Uncovering private family law in England - 11th Mar 2021
Uncovering private family law: Who’s coming to court in England is the second in a series of reports on private law children cases in England and Wales. Full story: Nuffield Family Justice Observatory.

New public law cases received by Cafcass fell by 2 per cent in February
Cafcass received a total of 1,374 new public law applications (involving 2,139 children) in February – 27 applications (1.9 per cent) fewer than in the same month last year. Full story: Family Law Week.

New private law cases received by Cafcass in February rose slightly on 2020
Cafcass received a total of 3,827 new private law cases (involving 5,306 children) in February 2021 – 0.3 per cent (or 12 cases) more than the same month last year. Full story: Family Law Week.

Violence Against Women and Girls Call for Evidence reopened
This call for evidence was reopened on 12 March to collect further views from those with lived experience of, or views on, crimes considered as violence against women and girls. Full story: Family Law Week.

CMA launches study of children’s social care provision
The Competition and Markets Authority has launched a study of children's social care provision to establish why a lack of availability and increasing costs could be leading to the needs of children in care not being met. Full story: Family Law Week.

Adoption and Children (Coronavirus) (Amendment) Regulations 2021
These regulations, which come into force on 30th March 2021, have been made "in order to continue to assist the children's social care sector during the coronavirus pandemic". Full story: Family Law Week.

CASES

M v F & Ors [2021] EWHC 585 (Fam) (02 March 2021)
Fact-finding hearing in relation to jurisdiction in wardship proceedings concerning children taken to Oman by the father. Full report: Bailii.

G (Appellant) v G (Respondent) [2021] UKSC 9
Appeal by mother from decision that court not barred from determining the father's application for a return order, pending determination of mother's asylum application. Consideration of whether child has any protection from refoulement. Appeal allowed. Full report: Supreme Court (PDF). HTML version: Bailii. See also here.

Atapour v Rezai-Namaghi [2020] EWHC 3729 (Fam) (27 October 2020)
Appeal by wife against determination that no decree nisi had been pronounced, and that a financial remedies order was therefore a nullity. Appeal dismissed. Full report: Bailii.

S v T [2021] EWFC B11 (15 February 2021)
Final hearing of financial remedies application, in which the matrimonial home was a flat in a block, with issues as to cladding. Full report: Bailii.

M (Children) (Abduction: Joinder of Children) [2021] EWHC 635 (Fam) (22 January 2021)
Judgment explaining reasons for joining older 2 of 4 children to father's application for their summary return to Canada. Full report: Bailii.

The NHS Trust v The Parents & S [2021] EWHC 594 (Fam) (15 March 2021)
Application by hospital trust for declaration that it is in best interests of 9 month old brain-damaged child to have life-sustaining treatment withdrawn. Full report: Bailii.

A Local Authority v XX and XY (threshold; overlaying) [2021] EWFC 27 (23 February 2021)
Fact-finding/threshold hearing in care proceedings concerning 3 children, whose sibling died in an 'oversleeping' incident. Full report: Bailii.

T (A Child : habitual residence) [2021] EWFC 26 (12 March 2021)
Application within conjoined public and private law proceedings for a declaration as to the habitual residence of a five year old child. Full report: Bailii.

LM v DM (Costs Ruling) [2021] EWFC 28 (12 March 2021)
Costs ruling in proceedings for maintenance pending suit, interim periodical payments for the children, and for a legal services payment order. Full report: Bailii.

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