News Essentials: 4th November 2023

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

NEWS

Appeal judges rule on relevant date for determining whether court has jurisdiction based on habitual residence of child pursuant to Hague Convention
The Court of Appeal has ruled that a judge was wrong to decide that the relevant date for determining habitual residence for the purposes of Article 5 of the 1996 Hague Convention is "the date of the hearing", during proceedings involving a teenage girl who had been living in Tunisia until 2021. Full story: Local Government Lawyer.

Women losing out as couples try to divorce ‘on the cheap’
Financial security of women in England and Wales put at risk by failure to seek professional advice. Full story: The Guardian.

High Court finds father in contempt of court over covert recording of adoption proceedings relating to his child
The High Court has found that a father made a covert audio-recording of a substantive court hearing in adoption proceedings, and within a few days, disposed of the recording and associated documents to another “with a view to their publication on YouTube”. Full story: Local Government Lawyer.

Standard Orders update from Mr Justice Peel
Latest updates to the Standard Family Orders. Full story: Courts and Tribunals Judiciary.

New NHS remote medical records endanger domestic abuse victims, campaigners claim
Changes will allow perpetrators to get access to abuse victims’ personal health records, including details on medications and mental health history, Refuge warns. Full story: The Independent.

CASES

P v F [2023] EWHC 2730 (Fam) (30 October 2023)
Appeal by father against order for indirect contact and s.91(14) order, both made at Dispute Resolution Hearing. Appeal allowed. Full report: National Archives.

A and B (No 3)(domestic abuse – no direct contact – s91(14)), Re [2023] EWFC 192 (11 October 2023)
Father's application to review child arrangements order, in case where he had been found to have perpetrated serious domestic abuse against the mother, who subsequently committed suicide. Full report: National Archives.

J & Ors, Re (Children: Interim Removal) [2023] EWCA Civ 1266 (03 November 2023)

Appeal by father against interim care orders made in respect of three children. Appeal allowed. Full report: Bailii.

Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Re Inherent Jurisdiction - Indi Gregory) [2023] EWHC 2753 (Fam) (02 November 2023)
Application for permission to transfer care of critically ill child to other medical professionals, implicitly a team at a hospital in Rome. Application dismissed. Full report: Bailii.

Addou v Bannabi [2023] EWHC 2469 (Fam) (11 May 2023)
Committal proceedings in relation to father's failure to comply with orders requiring the return of child from Algeria. Full report: Bailii.

S (1980 Hague Convention; Habitual Residence; Article 13), Re [2023] EWHC 2717 (Fam) (31 October 2023)
Application by mother for summary return of child to Japan. Held, child was habitually resident in England at time of alleged retention. Defences of acquiescence and harm also made out. Full report: National Archives.

A Mother v A Father & Anor [2023] EWFC 163 (03 May 2023)
Application by mother seeking to remove child from care of father. Change of residence ordered, following finding of alienating behaviours by father. Full report: Bailii.

London Borough of X v M & Ors [2023] EWFC 171 (29 March 2023)
Care proceedings concerning 3 children, issued following concerns that the eldest child had sexually abused his younger brother. Full report: Bailii.

EH v FT [2023] EWFC 159 (16 April 2023)
Application by mother for child arrangements order, in case where father had suffered a traumatic brain injury. Indirect contact only ordered, and restrictions placed upon exercise of father's parental responsibility. Full report: Bailii.

H (A Minor), Re (Child Arrangements: Section 91(14) Order) [2023] EWFC 89 (14 April 2023)
Application by father, who lives in the UAE, seeking contact with 9 year old child. Indirect contact only ordered, and s.91(14) order made. Full report: Bailii.

Mother v Father & Ors [2023] EWHC 2728 (Fam) (1 November 2023)
Further hearing in application by mother for summary return of children to France, concerning declarations regarding the children's habitual residence and jurisdiction. Full report: National Archives. See here for main judgment on mother's application.

Dean Gregory v Nottingham University Hospitals NHS Foundation Trust & Ors [2023] EWCA Civ 1262 (23 October 2023)
Application by father for permission to appeal against order consenting to withdrawal of life support from critically ill child. Permission refused. Full report: National Archives.

GA v EL [2023] EWFC 187 (31 October 2023)
Application by wife in financial remedy proceedings to instruct second expert regarding valuation of business, following valuation by single joint expert. Application dismissed. Full report: Bailii.

AZ v BZ (financial remedies appeal) [2020] EWFC B86 (22 May 2020)
Appeal by husband against financial remedies order which awarded 90% of the assets to the wife, on the basis of her needs. Appeal allowed, and order made awarding wife 60% of the assets. Full report: Bailii.

W (Care Proceedings) [2023] EWCA Civ 1251 (06 September 2023)
Application by mother for permission to appeal against a special guardianship order made in respect of her son, in favour of child's maternal uncle, the mother's brother and his partner. Permission refused. Full report: Bailii.