News Essentials: 5th August 2023


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

NEWS

Judge directs local authority not to tell maternal or paternal families about placement of twins for adoption
A deputy High Court judge has agreed that a local authority need not tell any family members about twins being placed for adoption. Full story: Local Government Lawyer.

Mother secures fresh hearing over finding she was perpetrator of serious injuries
The Court of Appeal has allowed an appeal by an unnamed mother against a ruling by a judge that she was the perpetrator of serious physical injuries inflicted on baby B. Full story: Local Government Lawyer.

'Historic win' in Court of Appeal over same-sex parental rights
The Court of Appeal’s decision in determining the legal parent in a same-sex relationship has been described as a ‘historic win’ which has ‘opened the door on a new chapter in international family law’. Full story: Law Society Gazette.

Children waiting a year for legal decision on living arrangements
The Law Society has renewed its call for fresh investment in the family justice system to help children left in legal limbo by worsening delays. Full story: Law Society Gazette.

Child Support (Enforcement) Act 2023
An Act to make provision about the enforcement of child support maintenance and other maintenance; and for connected purposes. Act of Parliament.

Funding boost for specialist victim support services
Up to £8.3 million of funding has been granted to 55 organisations providing support to victims of abuse, including counselling, training and community outreach. Full story: Ministry of Justice.

GP who had two children taken from her care fails in appeal bid
A GP who had two children taken from her care has lost the latest round of a family court fight with her estranged husband. Full story: Care Appointments.

CASES

E v G & Anor [2023] EWFC 73 (10 January 2023)
Application by the child's Guardian, on behalf of the child, for committal of the father for continuing to seek to see the child outside of the provisions of court orders, to see her when he wanted to see her, not when the Court had ordered it. Full report: Bailii.

BF v LE [2023] EWHC 2009 (Fam) (31 July 2023)
Appeal by wife against refusal to set aside financial remedies order on grounds of lack of capacity and no participatory directions/special measures being in force. Appeal dismissed. Full report: National Archives.

D v E (Habitual Residence; Consent; Acquiescence) [2023] EWHC 1941 (Fam) (26 July 2023)
Mother's application for summary return of children, opposed on grounds of habitual residence and acquiescence. Application granted. Full report: National Archives.

J v A [2023] EWFC 132 (21 July 2023)
Application by husband to stay divorce proceedings, where proceedings also taking place in Nigeria. Application dismissed. Full report: National Archives.

JD v RMD [2023] EWFC 125 (14 July 2023)
Hearing of long-running financial remedies case, in which both the debts and the costs exceeded the (very modest) assets. Full report: National Archives.

London Borough of Barking and Dagenham v The Father & Ors [2023] EWFC 112 (07 June 2023)
Fact-finding in care proceedings, to to decide whether one child touched the other sexually, and if their father knew about this. Full report: Bailii.

SA v AA [2023] EWHC 2016 (Fam) (02 August 2023)
Application by mother for an order for the return of three children from Somaliland, and for forced marriage protection and FGM orders in respect of one child. Full report: Bailii.

Alder Hey Childrens NHS Foundation Trust v D & Ors [2023] EWHC 1997 (Fam) (30 June 2023)
Applications by hospital trust for declaration regarding extubation of ventilation from gravely ill 14 year old boy. Full report: Bailii.

A-M & T, Re (Re Children Act 1989 and Article 21, Hague Convention 1980) [2023] EWFC 124 (10 May 2023)
Application for contact by father, the mother having taken the children from Norway to the UK. Fact-finding concerning mother's allegations of abuse. Full report: Bailii.

B (A Child) (Fact-Finding) [2023] EWCA Civ 905 (31 July 2023)
Care proceedings. Appeal by mother against a finding that she was the perpetrator of serious physical injuries inflicted on child. Appeal allowed. Full report: Bailii.

A v J & Ors [2023] EWHC 1993 (Fam) (31 July 2023)
Wardship proceedings issued by the mother alleging that the father had wrongfully separated the children from her when he brought them to this country. Hearing to determine, inter alia, with whom and in which country the children should live. Full report: Bailii.

Re R & S (Twins: Relinquishment: Notification) [2023] EWHC 1971 (Fam) (31 July 2023)
Application by local authority for a direction that it is under no obligation to notify members of the maternal and paternal families of a proposed adoption. Full report: National Archives.

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