News Essentials: 14th October 2023

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

NEWS

Judge rules baby's life-support treatment can end
Doctors can withdraw life support from a critically ill seven-month-old baby, a High Court judge has ruled. Full story: BBC News.

Family President issues revised practice guidance on approach of court to unregistered placements
The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people. Full story: Local Government Lawyer.

Family Presiding Judges Appointed
The former Lord Chief Justice, Lord Burnett, following consultation with the Lord Chancellor, agreed that the existing Family Division Liaison Judges are to be appointed as Family Presiding Judges. Full story: Courts and Tribunals Judiciary.

The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2023
This Order substitutes a new Schedule 1 for the existing Schedule 1 to the 1986 Order, adding Jamaica to the list of Contracting States to the Convention on the Civil Aspects of International Child Abduction. Statutory Instrument.

Girl, 11, pregnant after being raped by boy, 14, should have termination – judge
A pregnant 11-year-old girl who has twice been raped by teenage boys should have a termination, a High Court judge has ruled. Full story: Care Appointments.

Women’s Aid publishes groundbreaking research looking at what influences children and young people’s understanding of domestic abuse
National domestic abuse charity Women’s Aid has today published a first-of-its-kind report into what influences children and young people’s attitudes towards domestic abuse, proving a direct link between the viewing of harmful misogynist content online and the normalisation of unhealthy behaviours in relationships. Full story: Women's Aid.

Women being let down in our justice system, says Thornberry
She said Labour will review laws on stalking, whistleblowing and co-habitation to ensure women are better protected by the law. Full story: Law Society Gazette.

Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong”
The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings. Full story: Local Government Lawyer.

CASES

The Father v The Mother [2023] EWFC 176 (22 August 2023)
Fact-finding in private law proceedings, to consider mother's allegations of abuse by father, the most serious being of rape. Full report: National Archives.

Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors [2023] EWHC 2556 (Fam) (13 October 2023)
Application by NHS Trust for declarations that it is not in best interests of 7 month old child to receive various forms of invasive procedures in the event that she deteriorates to a point where such treatment is required to sustain life. Application granted. Full report: Bailii.

F v M & Ors [2023] EWFC 172 (11 October2023)
Welfare hearing in private law proceedings, following findings that F had caused the children emotional harm. Full report: National Archives.

A Health Board v AZ & Ors (Termination of Childhood Pregnancy: Guidance) (Rev1) [2023] EWHC 2517 (Fam) (11 October 2023)
Application by a Health Board for declarations that a termination of pregnancy would be in 11 year old girl's best interests and it would be in her best interests for tissue taken from the placenta to be used for the purposes of forensic testing in a criminal investigation. Full report: Bailii.

I.V. v. ESTONIA - 37031/21 (Article 8 - Right to respect for private and family life : Third Section) [2023] ECHR 777 (10 October 2023)
Case concerning the applicant's unsuccessful attempt to obtain the annulment of a court decision by which his biological son was adopted by another man. Held, there had been a violation of Article 8. Full report: Bailii.

EBY (A Child) (Deprivation of Liberty Order: Jurisdiction) (17-year-old) [2023] EWHC 2494 (Fam) (09 October 2023)
Application by Local Authority for an order under the High Court's inherent jurisdiction authorising the Local Authority to deprive a 17-year-old child of her liberty. Full report: Bailii.

H (A Child) [2023] EWCA Civ 995 (04 July 2023)
Appeal by mother against order permitting removal of child's body to Bangladesh for burial. Appeal dismissed. Full report: Bailii.

P (A Child : SGO and Contact) [2023] EWFC 167 (06 October 2023)
Application by parents for contact with 10 year old child living with former friend under a SGO made in 2016. Full report: Bailii.

G (A Child: Care Order) (Complex Developmental Needs) (No.1) [2023] EWFC 168 (09 October 2023)
Final hearing of care proceedings concerning 11 year old boy with significant disability. Hearing adjourned for assessment of possible placement in parents' care. Full report: Bailii.