News Essentials: 18th June 2022


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

NEWS

Two new reports by the Family Justice Data Partnership on private family law
Two new reports by the Family Justice Data Partnership team have been published by the Nuffield Family Justice Observatory, examining the mental health needs of children involved in private law proceedings in Wales, and considering what the data tells us about children’s participation. Full story: Centre for Child & Family Justice Research.

Routinely anonymised family judgments unlawful, says remedies lead
Mr Justice Mostyn, the lead judge of the Family Remedies Court, has insisted that a wealthy divorcing couple should be named – and said this will be his ‘last judgment’ on the subject of anonymity in the family court. Full story: Law Society Gazette.

Divorce litigation becoming unaffordable for all but the rich, warns judge
Financial remedy litigation seems to be “fast heading for Ritz Hotel status – so expensive that it is only accessible by the very rich”, a senior family judge warned yesterday. Full story: Legal Futures.

Archie Battersbee: judge rules 12-year-old is ‘brain-stem dead’
Judge says doctors at London hospital can lawfully stop treating boy, who had accident at home in April. Full story: The Guardian.

Child cruelty offences jump by 25 per cent in a single year
Child cruelty and neglect offences increased by a quarter last year as the country emerged from the pandemic, according to figures released by NSPCC. Full story: Family Law Week.

‘Get help arranging child maintenance’ online service launched
In May the Child Maintenance Service launched 'Get help arranging child maintenance', a new online service which supports separated parents to understand their options around making financial arrangements for their children. Full story: Family Law Week.

Nagalro responds to The Independent Review of Children’s Social Care
Nagalro has issued an initial response to Josh MacAlister's report The Independent Review of Children's Social Care. FGull story: Family Law Week.

Questions over use of ‘psychological experts’ in parental alienation cases
Parents – more often mothers – are losing access to their children on the advice of unregulated experts, an Observer investigation reveals. Full story: The Observer.

CASES

McMeel v Gissing-McMeel [2022] EWHC 1448 (Fam) (09 June 2022)
Application by H for the committal of W to prison for contempt of court for a number of alleged breaches of a non-molestation order. Full report: Bailii.

B (Children: Care Proceedings: Jurisdiction: Transfer of Proceedings) [2022] EWHC 1494 (Fam) (15 June 2022)
Care and wardship proceedings concerning 16 year old and her 6 month old child, both of whom are Romanian nationals. Judgment primarily concerning jurisdiction. Full report: Bailii.

In the matter of H-W (Children) [2022] UKSC 17 (15 June 2022)
Appeals concerning the proportionality of care orders made in relation to three children, and appellate review of those orders. Appeals allowed. Full report: National Archives.

St Helens Borough Council v M & Ors [2022] EWFC 56 (13 June 2022)
Final hearing of care proceedings concerning 3 children aged 16, 5 & 1, including judicial criticism of delay in achieving a final hearing. Full report: Bailii.

Re G (Child Post-Mortem Report: Delays) [2022] EWFC 55 (14 June 2022)
Judgment concerning the delay that is now regularly encountered in the preparation of a post-mortem report from a pathologist following the suspicious death of a child, and its impact on both the pending criminal process and upon any related child protection proceedings in the Family Court. Full report: Bailii.

K.Y. v. RUSSIA - 5504/20 (Judgment : Article 8 - Right to respect for private and family life : Third Section Committee) [2022] ECHR 477 (14 June 2022)
Case concerning the failure of the domestic authorities to secure the applicant’s contact with his son. Full report: Bailii.

Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 (13 June 2022)
Final hearing of wife's financial remedies application, in which the issues included the value of the company in which the husband had a 50% interest, and pre-marital property. Full report: Bailii.

Gallagher v Gallagher (No.1) (Reporting Restrictions) [2022] EWFC 52 (13 June 2022)
Husband's application for a reporting restriction order, or alternatively an anonymity order, in financial remedy proceedings. Full report: Bailii.

Barts Health NHS Trust -v- Dance & Battersbee [2022] EWHC 1435 (Fam) (13 June 2022)
Application by NHS Trust for declaration that child is brain stem dead and if not whether it is lawful and in child’s best interests to continue to receive mechanical ventilation. Declaration made. Full report: Courts and Tribunals Judiciary.

IR v OR [2022] EWFC 20 (29 March 2022)
Final hearing of financial remedies applications involving assets of £184m, and issues including a pre-nuptial agreement and non-matrimonial property. Full report: Bailii.

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