News Essentials: 9th September 2023
A brief summary of the essential family law news and cases from the last week:
NEWS
A judge has refused a local authority’s application for authorisation of arrangements which have resulted in a teenage girl being deprived of her liberty whilst residing at a children's home. Full story: Local Government Lawyer.
Family courts: 'We kidnapped our kids from abusive dads and fled the UK’
A growing number of women who say their children were handed to abusive partners by England and Wales' family courts have abducted them and fled to Turkish-controlled northern Cyprus. The BBC spoke to six of them to investigate some of their stories. Full story: BBC News.
Family courts: Children forced into contact with fathers accused of abuse
Dozens of children have been forced into contact with fathers accused of abuse, a study has found. Full story: BBC News.
‘He took every penny’: the women left with a debt mountain by coercive partners
Coercive or controlling behaviour has been an offence since 2015, but its financial aspects are poorly understood and can leave lives in ruins, a new report says. Full story: The Observer.
CASES
GB (Part 25 Application: Parental Alienation) [2023] EWFC 150 (30 August 2023)
Appeal by mother in private law proceedings against direction permitting instruction of psychologist, following alienation assertions by father. Appeal allowed. Full report: Bailii.
Re R [2023] EWFC 144 (8 August 2023)
Care proceedings concerning a 13 year-old child, issued because she was beyond parental control. Application dismissed, the child's needs being met in her current placement. Full report: National Archives.
Re T & Anor [2023] EWFC 143 (13 July 2023)
Care proceedings, in which the local authority did not seek to remove the children from the mother's care, but only to ascertain how the younger child sustained serious injuries. Full report: National Archives.
CZAJKOWSKI v. ROMANIA - 37024/20 (Article 8 - Right to respect for private and family life : Fourth Section Committee) [2023] ECHR 640 (05 September 2023)
Application by father claiming violation of Art 8 in respect of the non-enforcement of an order for return of children to Spain. Full report: Bailii.
CC (A Child), Re [2023] EWHC 2179 (Fam) (29 August 2023)
DoLS application, opposed by Mother and Guardian, who claimed that the only reason that Local Authority were seeking order was the concern that, absent an order, the Placement may give notice to terminate the Placement. Full report: Bailii.
X v. SLOVAKIA - 57752/21 (001-226061 : Article 8 - Right to respect for private and family life : First Section Committee) [2023] ECHR 627 (31 August 2023)
Case concerning the length and effectiveness of proceedings initiated by the applicant with a view to modifying the contact rights of and monthly maintenance payments by the father. Held, there had been a violation of Article 8. Full report: Bailii.
Middlesbrough Borough Council v M & Ors [2023] EWFC 138 (31 March 2023)
Care proceedings concerning 3 children, issued following suspicion of Fabricated/Induced illness on the part of the mother. Full report: Bailii.
F v M [2023] EWFC 147 (16 February 2023)
Private law hearing, in which the court made a child arrangements order and a specific issue order regarding the child's schooling. Full report: Bailii.
GB (Part 25 Application: Parental Alienation) [2023] EWFC 150 (30 August 2023)
Appeal by mother in private law proceedings against direction permitting instruction of psychologist, following alienation assertions by father. Appeal allowed. Full report: Bailii.
Re R [2023] EWFC 144 (8 August 2023)
Care proceedings concerning a 13 year-old child, issued because she was beyond parental control. Application dismissed, the child's needs being met in her current placement. Full report: National Archives.
Re T & Anor [2023] EWFC 143 (13 July 2023)
Care proceedings, in which the local authority did not seek to remove the children from the mother's care, but only to ascertain how the younger child sustained serious injuries. Full report: National Archives.
CZAJKOWSKI v. ROMANIA - 37024/20 (Article 8 - Right to respect for private and family life : Fourth Section Committee) [2023] ECHR 640 (05 September 2023)
Application by father claiming violation of Art 8 in respect of the non-enforcement of an order for return of children to Spain. Full report: Bailii.
CC (A Child), Re [2023] EWHC 2179 (Fam) (29 August 2023)
DoLS application, opposed by Mother and Guardian, who claimed that the only reason that Local Authority were seeking order was the concern that, absent an order, the Placement may give notice to terminate the Placement. Full report: Bailii.
X v. SLOVAKIA - 57752/21 (001-226061 : Article 8 - Right to respect for private and family life : First Section Committee) [2023] ECHR 627 (31 August 2023)
Case concerning the length and effectiveness of proceedings initiated by the applicant with a view to modifying the contact rights of and monthly maintenance payments by the father. Held, there had been a violation of Article 8. Full report: Bailii.
Middlesbrough Borough Council v M & Ors [2023] EWFC 138 (31 March 2023)
Care proceedings concerning 3 children, issued following suspicion of Fabricated/Induced illness on the part of the mother. Full report: Bailii.
F v M [2023] EWFC 147 (16 February 2023)
Private law hearing, in which the court made a child arrangements order and a specific issue order regarding the child's schooling. Full report: Bailii.
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