Monday, April 15, 2019

News Essentials: 15th April 2019


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

NEWS
The implementation and delivery of the family court settlement conferences pilot: a process evaluation
Research to understand the views and experiences of professionals taking part in the settlement conferences pilot. Full story: Ministry of Justice.

Reform of the legal requirements for divorce
This report provides a summary of the feedback received through the consultation and the government’s response. Full story: Ministry of Justice.

New divorce law to end the blame game
New legislation to overhaul divorce law and reduce family conflict. Full story: Ministry of Justice.

CASES
Pierburg v Pierburg [2019] EWFC 24 (11 April 2019)
Judgment considering whether there was jurisdiction for the petitioner wife to apply for divorce in England and Wales. Full report: Bailii.

XW v XH [2019] EWCA Civ 549 (02 April 2019)
Application for a reporting restrictions order made on behalf of the Appellant wife, in advance of the hearing of her appeal in financial remedy proceedings. Full report: Bailii.

A (Children) [2019] EWCA Civ 609 (07 March 2019)
Appeal by father against dismissal of application for leave to oppose the making of adoption orders in respect of his two children. Appeal dismissed. Full report: Bailii.

H v T (Judicial Change of Mind) [2018] EWHC 3692 (Fam) (24 May 2018)
Appeal by husband against financial remedies order. Appeal dismissed, following judicial change of mind. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Monday, April 08, 2019

News Essentials: 8th April 2019


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

NEWS
Sir Andrew McFarlane addresses Resolution Conference on ‘Interesting Times’
Sir Andrew McFarlane, the President of the Family Division, addressing the Resolution Conference on 5 April, took the opportunity to offer "an update on the major changes which are currently being developed and which will have a major impact on every aspect of family law during the next twelve months". Full story: Family Law Week.

‘No weight given’ to pre-nuptial agreement in divorce of cosmetics heiress
Mostyn J awards husband £1.3 million. Full story: Family Law Week. See Ipek├ži v McConnell, below.

Legal Aid Agency publishes updated Guidance on Remuneration of Expert Witnesses
The Legal Aid Agency has published an updated version of the Guidance on the Remuneration of Expert Witnesses. The guidance covers fees, prior authority and provisions for specific types of expert. Full story: Family Law Week.

Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
The Civil Partnerships, Marriages and Deaths (Registration Etc.) Act 2019 received Royal Assent last week, paving the way for the first opposite-sex civil partnerships to take place in England and Wales by the end of the year, as well as ushering in further reforms relating to the family. Full story: Family Law Hub.

Government ditches plan for deprivation of liberty definition in DoLS replacement bill
U-turn follows House of Lords’ rejection of government’s proposed definition and comes as Parliament seeks to agree final version of legislation to Liberty Protection Safeguards. Full story: Community Care.

Judge to consider if husband can maintain intimate relationship with vulnerable wife
A judge in a specialist court might have to decide whether a man can keep making love to his wife of more than 20 years. Full story: Care Appointments.

CASES
O (A Child: Interim Care Order) [2019] EWCA Civ 583 (28 March 2019)
Appeal by local authority against decision to replace interim care order with interim supervision order. Appeal allowed. Full report: Bailii.

M (Children) [2018] EWCA Civ 3038 (20 December 2018)
Application for permission to appeal considering whether an interim care order with a plan for removal immediately into foster care was necessary. Full report: Bailii.

Ipek├ži v McConnell [2019] EWFC 19 (04 April 2019)
Judgment on husband's financial remedy claim. No weight given to prenuptial agreement. Full report: Bailii.

B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575 (04 April 2019)
Care proceedings. Appeal raising question of principle about the proper approach to the identification of a perpetrator in circumstances where children had suffered significant harm as a result of alleged ill-treatment. Full report: Bailii.

P-G (Children) V [2015] EWCA Civ 1025 (29 July 2015)
Appeal by father against findings of fact in child arrangements proceedings. Appeal allowed. Full report: Bailii.

G (Children : Intractable Dispute) [2019] EWCA Civ 548 (03 April 2019)
Appeal by father against refusal of application for orders that children should live with him or have contact with him, and order preventing him from bringing further applications without permission for three years. Appeal dismissed. Full report: Bailii.

East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10 (21 March 2019)
Application by NHS Trust for orders that patient lacks capacity to make a decision regarding whether to undergo the leg amputation surgery, and that it is lawful to carry out that surgery. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Monday, April 01, 2019

News Essentials: 1st April 2019


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

NEWS
Family law disputes involving EU after Brexit: guidance for legal professionals
Guidance for legal professionals on cross-border family law disputes (including divorce and child maintenance) after Brexit if the UK leaves the EU without a deal. Full story: Ministry of Justice.

Family Court Statistics Quarterly: October to December 2018
Quarterly and annual data on the volume of cases dealt with by family courts over time, with statistics also broken down for the main types of case involved. Full story: Ministry of Justice.

Child maintenance: changes to powers of entry and information requests
The government published a response to this consultation on 26 March 2019. Full story: Department for Work and Pensions.

Government backs down over 'myth-busting' guide on child protection
Children’s charities and social work groups had launched an application for judicial review. Full story: The Guardian.

CASES
PR v JES & Anor (Appeal: Sexual Abuse, Fact Finding) [2019] EWHC 791 (Fam) (29 March 2019)
Appeal by father against findings of fact in child arrangements proceedings. Appeal allowed. Full report: Bailii.

C (Declaration of Parentage Written Consent), Re [2019] EWHC 648 (Fam) (12 February 2019)
Application for declaration of parentage in respect of child conceived following IVF treatment with donor sperm, the issue of the child's legal parentage arising as a result of an administrative error made by the IVF clinic. Full report: Bailii.

A (A Child) (Hague Abduction; Art 13(B): Protective Measures) [2019] EWHC 649 (Fam) (14 February 2019)
Application by father for summary return of child to Latvia. Consideration of protective measures offered by father in response to mother's Art 13(b) defence. Full report: Bailii.

Rothschild v Charmaine De Souza [2018] EWHC 1855 (Fam) (19 July 2018)
Judgment in financial remedy proceedings dealing with issue of who really owns a company and certain properties. Full report: Bailii.

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For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Friday, March 29, 2019

Internet Newsletter for Lawyers March/April 2019

The latest issue of the Internet Newsletter for Lawyers is now published.
In this issue:
  • Copyright – Simon Stokes of Blake Morgan looks at how copyright law is being challenged by disruptive technologies like AI and blockchain
  • Online dispute resolution – Graham Ross of ODR training sees smart settlement tools as an opportunity for mediators
  • Remote working – Shireen Smith describes the benefits of remote working based on the experience of moving her firm
  • Algorithms – Will Richmond-Coggan of Freeths explains how algorithms work and considers the legal protections
  • Driverless cars – Matthew Claxson of Moore Blatch looks at regulatory and industry progress and ahead to the future
  • Court technology – Alex Heshmaty of Legal Words surveys technologies currently employed in the courtroom
  • The web – Nick Holmes on how Tim Berners-Lee and other leading players see the state of the web 30 years on
Image: Adapted detail from the cover of Digital Copyright.

My posts this week on the Stowe Family Law Blog


My posts this week on the Stowe Family Law Blog included:

A million words …and hopefully the odd wise one - Looking back at my five and a half years writing for the Stowe Family Law blog.

Sir James Munby finds that irregularity in divorce did not make it invalid - In the case M v P.

Mother found to have maliciously fabricated allegations against father - The recent case Re ABCDEF (Fact Finding: Honour Based Violence).

The cost of ‘initial skirmishes’ - (i.e. 'jostling for position' before the real proceedings begin), as demonstrated by the case AJ v DM.

Have a good weekend.

Monday, March 25, 2019

News Essentials: 25th March 2019


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

NEWS
‘Victims of the justice system’ left to rely on free help from lawyers let down by courts, judiciary and legal aid, blasts former top family judge
Errors by courts and judges that left a couple’s final divorce decree potentially void was exposed in a judgment from the former head of the family division, who slammed the state for “washing its hands” of the problem it created by not granting legal aid to the parties to resolve their case. Full story: Legal Cheek. See M v P, below.

Stalking Protection Act 2019 comes into force
The Stalking Protection Act 2019 received Royal Assent on 15 March 2019. It comes into force immediately. Full story: Family Law Week.

Brexit Secretary responds to Children’s Commissioners’ ‘No Deal’ concerns
‘Arrangements are in place to ensure protection of children when UK leaves the EU’. Full story: Family Law Week.

Effective co-parenting is key to keeping children out of the courts: Cafcass
“Public health approach would help prevent cases from reaching crisis point”. Full story: Family Law Week.

Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 comes into force
The Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 received Royal Assent on 15 March 2019. It comes into force immediately. Full story: Family Law Week.

No fault divorce is consistent with international trends
Nuffield Foundation research seeks to inform MoJ consultation. Full story: Family Law Week.

CASES
M v P [2019] EWFC 14 (22 March 2019)
Application by Queen's Proctor to set aside a decree nisi of divorce by reason of non-compliance with section 1(2)(d) MCA 1973. Full report: Bailii.

AJ v DM [2019] EWHC 702 (Fam) (06 March 2019)
Judgment considering, inter alia, issue of jurisdiction in divorce proceedings, where the parties had last lived together in St Lucia. Full report: Bailii.

B v M [2018] EWHC 1473 (Fam) (26 April 2018)
Judgment in care proceedings, in case in which for the whole of his life, bar the first 8 weeks, the child had been cared for by the second cousin of the father and his partner, in an unlawful placement. Full report: Bailii.

DCC v NLH [2019] EWCOP 9 (19 March 2019)
Order retrospectively authorising the taking of DNA sample from man lacking capacity. Full report: Bailii.

CS v SBH & Ors [2019] EWHC 634 (Fam) (18 March 2019)
Appeal by child against dismissal of application for variation of order that child live with father. Full report: Bailii.

VB v JD & Ors [2019] EWHC 612 (Fam) (05 February 2019)
Appeal by mother against order stopping all direct contact with child. Full report: Bailii.

*      *      *
For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.

Monday, March 18, 2019

News Essentials: 18th March 2019


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

NEWS
Commons approves amendments to Civil Partnerships Bill
Regulations to be introduced by end of year. Full story: Family Law Week.

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge
Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said. Full story: Local Government Lawyer.

No parental role for father who was part of ‘predatory’ group that sexually abused teen
A teenage girl groomed and sexually exploited by a group of “predatory men” is embroiled in family court litigation after giving birth. Full story: Care Appointments. See P (Notice of care proceedings to father without parental responsibility), below.

Judge uses ‘plain English’ text to explain decision to woman with learning difficulties
A family court judge has used plain English in a bid to help a woman with learning difficulties understand why a baby must be taken from her care. Full story: Care Appointments. See Re L, below.

Master grants Inheritance Act application made 25 years out of time
The High Court has granted permission to bring a claim under the Inheritance Act – despite it being issued some 25 years and nine months after the deadline for doing so. Full story: Law Society Gazette.

CASES
Downes v Downes & Anor [2019] EWHC 491 (Ch) (13 March 2019)
The Claimant claimed that he was the sole beneficial owner of three properties and sought declarations to that effect, orders that they be transferred into his sole name and consequential relief. His claims were successful. Full report: Bailii, via Family Law Hub.

M v F (Appeal : Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)
Cross applications by father for child arrangements order and by mother for non-molestation order. Application by mother for permission to appeal in relation to fact-finding hearing. Permission refused. Full report: Bailii.

P (Notice of care proceedings to father without parental responsibility) [2019] EWFC 13 (11 March 2019)
Care proceedings. Application by local authority for the requirement to serve Form C6A upon father to be disapplied. Application allowed. Full report: Bailii.

X and Y (Delay : Professional Conduct of Expert) [2019] EWFC B9 (11 March 2019)
Short judgment in care proceedings to address concerns relating to the professional conduct of the medico-legal expert instructed to prepare reports in respect of the children. Full report: Bailii.

L (special guardianship order), Re [2019] EWFC B7 (28 February 2019)
Care proceedings concerning one year old child. Special guardianship order made in favour of maternal grandfather's niece. Full report: Bailii.

*      *      *
For more news, see here.

For more cases, see here.

To subscribe to the Family Lore Focus free weekly Newsletter (which includes links to all of the week's top family law news stories, cases, articles and blog posts), go here.