News Essentials: 21st October 2023

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

NEWS

Senior family judge highlights provisions of CPR on disclosure of electronic documents ahead of changes to Family Procedure Rules
The President of the Family Division, Sir Andrew McFarlane, has sought to draw the attention of family judges and practitioners to the provisions of the Civil Procedure Rules (CPR) governing the disclosure mobile phone records and other electronic records. Full story: Local Government Lawyer.

Family President announces revised national listing protocol for applications that seek deprivation of liberty orders for children
The President of the Family Division, Sir Andrew McFarlane, has announced that the organisation and listing of Deprivation of Liberty orders relating to children under the inherent jurisdiction is being revised. Full story: Local Government Lawyer.

McFarlane calls for FDAC schemes in every court
The president of the Family Division has backed the expansion of a substance abuse problem-solving court scheme – telling ministers and parliamentarians that they should be in every court. Full story: Law Society Gazette.

Statutory duty to support birth parents needed to tackle repeat removals of children, says charity
Pause, which supports women at risk of having more than one child taken into care, also urges much improved monitoring on recurrent removals to understand scale of the problem. Full story: Community Care.

Couple’s daughter suffered knife wound during ‘heated’ row – judge told
A couple’s daughter suffered a “very serious” knife wound while they were involved in a “heated” row in their kitchen-diner, a High Court judge heard. Full story: Care Appointments.

CASES

The Mother v The Father [2023] EWFC 182 (19 June 2023)
Rehearing of fact finding in private law proceedings concerning serious allegations made by each party against the other. Full report: National Archives.

TERESHCHENKO v. UKRAINE - 35481/20 (Article 8 - Right to respect for private and family life : Fifth Section Committee) [2023] ECHR 808 (19 October 2023)
Case concerning the domestic courts' alleged failure to establish a schedule providing sufficient contact for the applicant to be able to maintain and develop a relationship with his daughter. Held, there had been a violation of Art 8. Full report: Bailii.

TOTH v. HUNGARY - 8324/18 (Article 8 - Right to respect for private and family life : First Section Committee) [2023] ECHR 806 (19 October 2023)
Complaint by father under Article 8 that the Hungarian authorities had failed to enforce decisions in relation to his contact rights with his son. Held, there had been a violation of Art 8. Full report: Bailii.

WSP (A Child) (Vaccination: religious objection), Re [2023] EWHC 2622 (Fam) (20 October 2023)
Application by mother for injunction preventing local authority arranging routine vaccinations for child subject to interim care order. Application dismissed. Full report: National Archives.

Fahad Abdi v Manchester City Council & Ors [2023] EWCA Civ 1214
Appeal by father against 12 month committal for breaches of orders relating to the return of children to this jurisdiction. Appeal dismissed. Full report: National Archives.

Raza v Gall [2023] EWFC 181 (4 October 2023)
Committal hearing in relation to mother's failure to comply with a contact order. Full report: National Archives.

B v C (No. 2) (1996 Hague Convention Art 22) [2023] EWHC 2524 (Fam) (19 October 2023)
Application by mother to terminate parental responsibility for child fraudulently conferred on person under Spanish law. Full report: Bailii.

London Borough of Hackney v P & Ors (Re Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213 (19 October 2023)
Appeal concerning issue as to date by reference to which the court determines whether it has jurisdiction based on a child's habitual residence, pursuant to the provisions of Article 5 of the 1996 Hague Convention. Full report: Bailii.

LT v ZU [2023] EWFC 179 (6 October 2023)
Father's challenge to arbitral award made pursuant to Schedule 1 Children Act 1989. Application allowed, on grounds (inter alia) that arbitrator had no power to require the applicant to borrow monies for the purposes of making a settlement of property. Full report: National Archives.

DG v KB [2023] EWFC 180 (21 September 2023)
Father's application for contact. Fact-finding concerning allegations made by both parties, including mother's allegations of coercive control and rape. Full report: National Archives.

A Local Authority v Mother & Ors [2023] EWFC 175 (29 August 2023)
Final hearing of care proceedings concerning 3 children. Care orders made in relation to all 3, and placement orders in relation to youngest 2. Full report: National Archives.

AP v BP & Ors (financial remedies - appeal - disclosure - privilege) [2023] EWFC 170 (29 August 2023)
Application by husband under s.37 to set aside two sets of transactions by which shares were transferred from the wife to the intervenors. Full report: Bailii.

Derbyshire County Council v The Mother & Ors [2023] EWHC 2552 (Fam) (13 October 2023)
Care proceedings in respect of two children aged 9 and 4. Fact-finding concerning serious knife injury suffered by 4 year old. Full report: Bailii.