News Essentials: 9th October 2021

A (not so) brief summary of the essential family law news and cases from the last week: 


Bertarelli settlement shows the value of ‘a good prenuptial agreement’
Following the news that a £400 million settlement has made Kirsty Bertarelli one of the richest British-born divorcees, lawyers have suggested she could have been awarded a far greater slice of the £9.2 billion fortune she shared with her industrialist former husband but for the existence of a prenuptial agreement between the couple. Full story: Family Law Week.

District judge criticised for dismissing abuse allegations
A mother successfully appealed an order regarding child arrangements in a judgment published this week that again highlights how the family courts deal with allegations of domestic abuse, and controlling and coercive behaviour. Full story: Law Society Gazette.

Number of teenagers in care proceedings in England doubles in last decade
The number of 10-17 year-olds in care proceedings in England has almost doubled in the last decade, rising faster than for any other group of children. Full story: Nuffield Family Justice Observatory.

Domestic violence: Scheme stops abusers writing to victims from jail
A scheme to stop jailed domestic abusers terrorising their victims from prison should be rolled out nationwide, a senior figure has said. Full story: BBC News.

Leading solicitors’ mobile phones hacked, Court of Appeal rules
The mobile phone of Baroness Shackleton, one of the country’s highest-profile solicitors, was hacked on the authority of the ruler of Dubai and she was alerted to it by Cherie Blair QC, it emerged yesterday in an extraordinary Court of Appeal ruling. Full story: Legal Futures.

Alta Fixsler: Parents lose legal fight over ill girl's final moments
The parents of a seriously-ill girl have lost a legal fight over where the two-year-old should end her life. Full story: BBC News.

Civil partnership: Call for same sex affairs to be grounds for split
There are calls for same sex affairs to be recognised as adultery when couples split. Full story: BBC News.

Regulations and guidance issued on support councils must give domestic abuse victims
The Government has published new regulations and guidance setting out the level of support councils are required to provide to domestic abuse victims who need to escape home. Full story: Local Government Lawyer.


JM v KK [2021] EWFC 54 (29 June 2021)
Final hearing of cross applications for financial remedies, in case involving modest means. Full report: Bailii.

ZHUPAN v. UKRAINE - 38882/18 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) [2021] ECHR 793 (07 October 2021)
Complaint concerning non-enforcement of a court decision ordering the transfer of a child. Held that there had been a violation of Article 8. Full report: Bailii.

C (A Child) (Child Abduction: Parent's Refusal To Return With Child) V [2021] EWCA Civ 1236 (10 August 2021)
Appeal by mother from order to return child to France on basis, inter alia, that judge wrong to decide that mother would return with the child. Appeal dismissed. Full report: Bailii.

K And M (Children), Re (Abduction: Grave Risk: Intentional Car Crash) [2021] EWHC 2688 (Fam) (14 September 2021)
Application by father for summary return of children to Poland. Art 13(b) defence made out, father having deliberately driven his car into a minibus, in which the children were passengers. Full report: Bailii. See also my very brief note, here.

L (A Child), Re (Wrongful Removal: Alleged Sexual Abuse) [2021] EWHC 2687 (Fam) (14 September 2021)
Application by father for summary return of child to Hungary. Return ordered, despite mother's assertion that Hungarian court wrong to find her allegation that F had abused child not proven. Full report: Bailii.

Manchester University NHS Foundation Trust v Fixsler & Ors [2021] EWHC 2664 (Fam) (06 October 2021)
Case concerning cessation of life-sustaining treatment of brain-damaged child. Judgment concerning issue of location at which treatment should be withdrawn. Full report: Bailii.

H-W (Children: Proportionality) [2021] EWCA Civ 1451 (07 October 2021)
Appeal by a mother from care orders with a plan for the removal of three children into foster care. Appeal dismissed. Full report: Bailii.

A Child (Application of PD12J) [2021] EWFC B59 (6 October 2021)
Appeal by mother from order that she return children from the North of England to Dorset and for shared time with their father, in case involving allegations of abuse against father. Appeal allowed. Full report: Bailii.

An NHS Trust v D (A Minor : Out of Hours Application) [2021] EWHC 2676 (Fam) (05 October 2021)
Application by NHS Trust seeking permission to carry out urgent blood tests on 16 year old who has taken an overdose of paracetamol. Full report: Bailii.

L (A Child) [2021] EWHC 2451 (Fam) (06 September 2021)
Application by father for summary return of daughter to Portugal. Return order made. Full report: Bailii.

A (A Child) (Fact Finding; Modern Slavery) [2021] EWFC 79 (23 July 2021)
Fact-finding hearing in care proceedings concerning 4 year old child of Romanian origin, whose mother had been a victim of modern slavery. Full report: Bailii.

A (Transfer of Residence) [2021] EWFC B58 (19 August 2021)
Child arrangement proceedings, where F was living in England and M and child in Scotland. Order made transferring residence to F. Full report: Bailii. See also A (Interim Contact) [2021] EWFC B57 (12 February 2021).

M v F [2021] EWHC 2599 (Fam) (19 July 2021)
Application by mother for summary return of child to Georgia. Return ordered. Full report: Bailii.

AB v CD & Anor [2021] EWHC 2673 (Fam) (26 March 2021)
Application by mother for return of child to USA. Application dismissed. Full report: Bailii.

TMB v PLB [2021] EWFC 66 (30 July 2021)
Jurisdiction judgment in financial remedy proceedings, where W is living in the Philippines and H in China. Full report: Bailii.

VR v YD & Anor [2021] EWHC 2642 (Fam) (29 September 2021)
Application by father for disclosure of material relating to grant of asylum to child, following order for his return to Ukraine. Full report: Bailii.

WA v AA [2021] EWHC 2659 (Fam) (21 September 2021)
Application by father for summary return of 3 children to Sweden. Return ordered. Full report: Bailii.

BS (a Child) (Child abduction) [2021] EWHC 2643 (Fam) (14 September 2021)
Application by father for summary return of child to Italy. Return ordered. Full report: Bailii.