News Essentials: 12th August 2023

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


Government urged to protect children from domestic abuse during holidays
Children's charity NSPCC is calling on the government to provide support for children suffering abuse during the school holidays. Full story: BBC News.

Court of Appeal rules on “hot potato” issue of decision between care order, supervision order or no order when child placed at home
The Court of Appeal has allowed an appeal by a mother and made supervision orders in place of care orders for all three of her children, who are placed at home. Full story: Local Government Lawyer.

Children more likely to be reunified when parents are referred to family drug and alcohol court – research
However, study limitations means impact cannot be attributed entirely to FDACs, so further research is needed to evaluate whether they improve outcomes, says evidence body Foundations. Full story: Community Care.

National deprivation of liberty court: Latest data trends – June 2023
This briefing highlights high-level data trends during the full 12 months of the court pilot. Full story: Nuffield Family Justice Observatory.

UK MPs warn against growing use of smart tech in domestic abuse
Committee’s report says devices including home security systems used to coerce and control victims. Full story: The Guardian.


Re A (Article 13(b): Mental Ill-health) [2023] EWHC 2082 (Fam) (8 August 2023)
Application by father for summary return of child to Australia. Application refused, as harm defence made out, including effect of return upon mother's mental health. Full report: National Archives.

Baker v Baker [2023] EWFC 136 (11 August 2023)
Final hearing of wife's financial remedies claim, in which the main issue was whether the husband should be held to the terms of a separation agreement executed by the parties in New York in 2015. Full report: Bailii.

Z, Re (Care Proceedings: Reopening of Fact Finding) [2023] EWFC 137 (11 August 2023)
Care proceedings concerning 4 children. Application by mother of eldest child to reopen findings of fact made in 2016 in the context of care proceedings brought by a different local authority in respect of eldest child when he was a small baby. Application refused. Full report: Bailii.

JC v SS [2023] EWHC 2063 (Fam) (10 August 2023)
Application by father for summary return of children to the Republic of Ireland. Application refused on grounds that wrongful removal/retention not established; children's objections; and Article 13(b). Full report: National Archives.

Michael James Augousti v Amrit Kaur Matharu [2023] EWHC 1900 (Fam) (10 August 2023)
Applications by husband for permission to appeal financial remedies order and for leave to adduce fresh evidence. Applications refused. Full report: National Archives.

A Mother v A Father & Ors [2023] EWHC 2059 (Fam) (8 August 2023)
Application by mother for summary return of children to France. Application dismissed, following findings of acquiescence, children's objections, and harm. Full report: National Archives.

Oxfordshire County Council v M & Ors [2023] EWFC 135 (27 July 2023)
Final hearing of application by the Local Authority for care and placement orders in relation to a 10 month-old child. Full report: National Archives.

JW (Child at Home under Care Order) [2023] EWCA Civ 944 (4 August 2023)
Appeal by mother against making of care orders with a care plan for the three children to remain living at home. Appeal allowed and supervision orders made in place of the care orders. Full report: Courts and Tribunals Judiciary.

EF (A Child), Re [2023] EWHC 1574 (Fam) (25 June 2023)
Application by Derbyshire County Council for a Declaration that it was acting lawfully in depriving a 16 year-old girl of her liberty as part of a care package which is being delivered at a property within the Derbyshire area. Full report: Bailii.

AZ v AG [2023] EWHC 2014 (Fam) (26 April 2023)
Wife's application for financial provision under Part III MFPA 1984, in highly contested case involving assets worth at least £70m. Full report: Bailii.

A Local Authority v Y & Anor (Notification of The Father and Relatives) [2023] EWHC 2040 (Fam) (4 August 2023)
Application by local authority for a declaration that they are not required to undertake any further steps to notify the maternal and paternal family regarding a child relinquished by the mother at birth, the father and paternal family being unaware of his birth. Full report: National Archives.

Dmitry Tsvetkov v Elsina Khayrova [2023] EWFC 130 (4 August 2023)
Final hearing of financial remedy proceedings, involving assets of about £48m and including issues of conduct and computation. Full report: National Archives. See also costs judgment, here.