News Essentials: 16th September 2023


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

NEWS

Judge to decide on ending critically ill baby girl's life support
The parents of a critically ill baby girl have asked a judge to prevent medics ending her life support. Full story: BBC News.

Almost all children deprived of liberty in national court subject to “constant supervision”
Almost all the children deprived of their liberty in the first 12 months of the National Deprivation of Liberty Court were subject to “constant supervision”, often by more than one adult, the Nuffield Family Justice Observatory has found. Full story: Local Government Lawyer.

Spotlight paper: What do we know about adults in private family law proceedings?
With the Family Justice Data Partnership – a collaboration between Lancaster University and Swansea University – Nuffield Family Justice Observatory has been working to build a greater understanding of those appearing in private law proceedings. Full story: Nuffield FJO.

Court accidentally gave adoption family details to birth father
The Ministry of Justice has been ordered to improve its systems after details of parties in an adoption process were leaked to the birth father. Full story: Law Society Gazette.

UK mother accused of alienating children from father wins appeal over psychological assessment
Senior judge overturns previous ruling, saying matter is for the court to decide amid concern over use of unregulated psychologists. Full story: The Observer.

CASES

D (A Child), Re (Abduction: Child's Objections: Representation of Child Party) [2023] EWCA Civ 1047 (14 September 2023)
Appeal by 13 year-old child against order for his return to Singapore, raising issue as to role of a "solicitor-guardian" in 1980 Convention proceedings, and the evidence they can give. Appeal allowed. Full report: Bailii.

WK v GC [2023] EWFC 151 (28 April 2023)
Cross applications, by wife to capitalise/vary 2004 maintenance order, and by husband to discharge or decrease the order. Order capitalised. Full report: Bailii.

St George's University Hospitals NHS Foundation Trust v Andy Casey & Ors [2023] EWHC 2244 (Fam) (12 September 2023)
Application by NHS Trust for declaration that patient had died and that it was lawful for doctors to withdraw ventilatory support. Full report: National Archives.

D.R. v. NORWAY - 63307/17 (Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 666 (12 September 2023)
Applications concerning complaints under Article 8 relating to withdrawals of and limitations on the applicants' right to contact with their children, who had been taken into public care. Held that the applications disclosed a violation of Article 8. Full report: Bailii.

S.S. AND J.H. v. NORWAY - 15784/19 (Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 675 (12 September 2023)
Complaint against decision to withdraw the first applicant's parental responsibilities in respect of her son, the second applicant, and to authorise his adoption by his foster parents. Held, there had been a violation of Art 8. Full report: Bailii.

K.F. AND OTHERS v. NORWAY - 39769/17 (Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 667 (12 September 2023)
Applications relating to decisions to withdraw the parents' parental responsibilities in respect of the children and to authorise their adoption, against the parents' wishes. Held, the applications disclosed a violation of Art 8. Full report: Bailii.

NM v SM [2023] EWHC 2209 (Fam) (6 September 2023)
Application by mother for summary return of child to Romania. Return order made. Full report: National Archives.

Comments