News Essentials: 19th February 2022


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

NEWS

Message from the President of the Family Division: Guidance on e-bundles
This memorandum is to be read with the general guidance on electronic bundles for all courts issued on 29 November 2021 and the supplementary guidance issued on 21 December 2021. Full story: Courts and Tribunals Judiciary.

Divorce that wife did not know about for 12 years is set aside

A divorce finalised almost 12 years ago has been set aside by the Family Court after it was found that the wife had no notice that proceedings were ever initiated. Full story: Law Society Gazette.

One in four women experience domestic abuse before 50 – study
Largest analysis of its kind finds one in seven globally said they had experienced violence in the last year. Full story: The Guardian.

Wales pilot offers £1,600 a month to care leavers
Every 18-year-old leaving care will be offered £1,600 a month under the Welsh government's basic income pilot. Full story: BBC News.

Plan to change social housing rules will aid domestic abuse victims
Proposal to scrap local connection test would make it easier for victims to move away from their abuser. Full story: The Guardian.

McFarlane clarifies family court attendance requirement
The president of the Family Division has clarified revised arrangements for physical attendance in court following confusion over an earlier direction. Full story: Law Society Gazette.

Number of applications to deprive children of their liberty in unregulated placements rises by 462% in three years
The use of a 'last resort' measure by the High Court which allows it to deprive children of their liberty in unregulated settings – including caravans and holiday lets – when a place cannot be found for them elsewhere, has increased by 462 per cent over three years. Full story: Family Law Week.

5,500 children in care who could be with their families: CFAB
There are 5,500 children who are currently in care that could be with their families if local authorities explored the possibility of placing them with families abroad. Full story: Family Law Week.

CASES

R (A Child : Asylum And 1980 Hague Convention Application) [2022] EWCA Civ 188 (18 February 2022)
Appeal by father from dismissal of application for summary return of child to Ukraine. Appeal allowed. Full report: Bailii.

B (A Child) [2022] EWFC 7 (16 February 2022)
Application by mother of 17 year old for specific issue order authorising her to make decisions in relation to child's property. Full report: Bailii.

A and B (Child Arrangements: Parental Alienation) [2022] EWFC B11 (26 January 2022)
Child arrangements proceedings, in which it was found that the father had alienated the children from the mother. Ordered that children should live with mother. Full report: Bailii.

L (Fact-Finding Hearing: Fairness) [2022] EWCA Civ 169 (17 February 2022)
Appeal by father from fact-finding hearing in care proceedings, who claimed not to have had a fair opportunity to meet the allegations. Appeal dismissed. Full report: Bailii.

P v Q (Financial Remedies) [2022] EWFC B9 (10 February 2022)
Final hearing of wife's financial remedies application, involving total assets of some £6 million. Includes summary of principles applicable to loans from family members. Full report: Bailii.

DA v Wolverhampton City Council & Ors [2021] EWHC 3615 (Fam) (16 December 2021)
Application by children aged 16 and 14 to discharge care order. Full report: Bailii.

C (Abduction: Article 13(b) & Child's Objections) [2022] EWHC 311 (Fam) (09 February 2022)
Rehearing of application by father for summary return of child to Poland. Mother's Art 13(b) defence made out. Application refused. Full report: Bailii.

GC v AS (No. 2) [2022] EWHC 310 (Fam) (09 February 2022)
Application by mother, pursuant to the court's parens patriae jurisdiction, for the return of children from Libya. Application dismissed. Full report: Bailii.

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