News Essentials: 3rd April 2021

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

NEWS

Family justice overhaul bids to limit number of care proceedings
Guidance and recommendations aim to divert more families from the courts and ease practitioners’ workloads through better use of pre-proceedings and section 20, and streamline cases that do go to court. Full story: Community Care.

Court of Appeal delivers ruling on family court's approach to domestic abuse
The Court of Appeal has handed down judgment in a ground-breaking case that is expected to inform the way family courts treat allegations of domestic abuse and coercive and controlling behaviour. Full story: Law Society Gazette.

Parents can consent to children being given puberty blockers, High Court rules
Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves. Full story: The Independent.

CASES

A, B And C (Children), Re [2021] EWCA Civ 451 (01 April 2021)
Two appeals in care proceedings, one against findings of fact and the other disputing whether threshold made out. Full report: Bailii.

AB v CD & Anor [2021] EWHC 819 (Fam) (30 March 2021)
Appeal against findings made against the appellant, including two occasions on which he had 'aggressively raped' the respondent. Appeal allowed. Full report: Bailii.

JB v SW [2021] EWHC 812 (Fam) (11 March 2021)
Appeal against an occupation order on the grounds, inter alia, that the judge failed to properly consider the effect of any order on the children in occupation of the property. Appeal allowed. Full report: Bailii.

Local Authority v RR & Ors [2021] EWFC B14 (17 March 2021)
Applications by LA for care order and by mother and father for child arrangements orders in relation to 16 year old child. Full report: Bailii.

AB v CD (Abduction; Undertakings) [2021] EWHC 665 (Fam) (16 March 2021)
Application by father for summary return of children to Kazakhstan pursuant to the Hague Convention 1980. Return ordered. Full report: Bailii.

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)
Applications made under the inherent jurisdiction in two cases raising questions in the context of the operation of the United Kingdom's European Union Settlement Scheme with respect to children who are the subject of care orders. Full report: Bailii.

F (A Child : Adjournment) [2021] EWCA Civ 469 (31 March 2021)
Mother's appeal from the refusal of her application for the adjournment of an imminent final hearing in care proceedings. Appeal allowed. Full report: Bailii.

H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448 (30 March 2021)
Four appeals relating to fact-finding hearing in private law children cases involving an allegation of domestic abuse by one parent against the other. Includes general guidance about whether, where domestic abuse is alleged in proceedings affecting the welfare of children, the focus should in some cases be on a pattern of behaviour as opposed to specific incidents, and the extent to which it is appropriate for a Family Court to have regard to concepts which are applicable in criminal proceedings. Full report: Bailii.