News Essentials: 8th August 2020
NEWS
A High Court judge has refused to allow a journalist to see the court papers in the case of a young girl at the centre of a flawed adoption process. Full story: Law Society Gazette.
Rise in care children being 'deprived of liberty'
The number of children in care in England and Wales who have restrictions placed on their freedom has tripled in the last two years, BBC News has found. Full story: BBC News.
Judge wrong to rule children in council care could not spend time with mother during lockdown
A family court judge was wrong to rule that three children taken into council care pending the outcome of legal proceedings could not spend time with their mother following lockdown, Court of Appeal judges have said. Full story: Care Appointments.
Judge orders urgent hospital treatment for ‘gravely neglected’ girl after social workers intervene
A 14-year-old girl who has been “gravely neglected” at home during lockdown must have treatment for a life-threatening illness as a matter of urgency, a High Court judge has said. Full story: Care Appointments.
Over a third put off from divorce by COVID-19
In spite of media speculation to the contrary, a national survey commissioned by divorce financing company Ampla Finance, and carried out by YouGov, has revealed that 34% of British adults would be less likely to begin divorce proceedings during the coronavirus pandemic. Full story: Family Law.
CASES
Y (Children In Care: Change of Nationality) [2020] EWCA Civ 1038 (06 August 2020)
Appeal raising question of whether a local authority has the statutory power to take steps to change the nationality of a child in its care against the wishes of the child's parents, or whether it must first seek the approval of the court. Full report: Bailii.
E (Children) [2020] EWCA Civ 1030 (4 August 2020)
Appeal concerning the extent of the obligation upon the court in England and Wales to enforce a foreign order in relation to children. Full report: Family Law Week.
Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam) (05 August 2020
Application by a professional journalist who sought a disclosure order which, if granted, would enable her to see the court file and other materials relating to public law care proceedings which concluded in October 2018. Full report: Bailii.
Gibbs v Gibbs [2020] EWHC 2134 (Fam) (05 August 2020)
Hearing dealing primarily with application by H for committal of W for breaching two orders that she should not publish allegations that he had abused their son. Full report: Bailii. See also my note, here.
S v C [2020] EWHC 2127 (Fam) (05 August 2020)
Application by a former wife for a financial remedy order in respect of the parties’ 6 year old child, relating to the release to the parties of a frozen fund of some £3.74 million, damages from a negligence claim launched on behalf of the child. Full report: Bailii.
D-S (Contact With Children In Care: Covid-19) [2020] EWCA Civ 1031 (04 August 2020)
Appeal by mother against dismissal of application for contact with 3 children in interim care. Appeal allowed. Full report: Bailii.
Webb v Webb (Cook Islands) [2020] UKPC 22 (03 August 2020)
Appeal by husband from the Court of Appeal of the Cook Islands, relating to division of matrimonial property. The appeal raised issues concerning the relevance of a tax debt incurred by the husband in New Zealand and whether it is enforceable in the Cook Islands, the validity of two trusts established by the husband and which hold assets said by the wife to be matrimonial property, and the approach to be taken to the assessment and valuation of matrimonial property where a financially dominant spouse fails to disclose relevant documents and information. Full report: Bailii.
H-B-S (Children: Discharge of Interim Care Order) [2020] EWCA Civ 1027 (03 August 2020)
Local authority's appeal from an order discharging interim care orders in relation to girls aged 9 and 7. Appeal allowed. Full report: Bailii.
Appeal raising question of whether a local authority has the statutory power to take steps to change the nationality of a child in its care against the wishes of the child's parents, or whether it must first seek the approval of the court. Full report: Bailii.
E (Children) [2020] EWCA Civ 1030 (4 August 2020)
Appeal concerning the extent of the obligation upon the court in England and Wales to enforce a foreign order in relation to children. Full report: Family Law Week.
Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam) (05 August 2020
Application by a professional journalist who sought a disclosure order which, if granted, would enable her to see the court file and other materials relating to public law care proceedings which concluded in October 2018. Full report: Bailii.
Gibbs v Gibbs [2020] EWHC 2134 (Fam) (05 August 2020)
Hearing dealing primarily with application by H for committal of W for breaching two orders that she should not publish allegations that he had abused their son. Full report: Bailii. See also my note, here.
S v C [2020] EWHC 2127 (Fam) (05 August 2020)
Application by a former wife for a financial remedy order in respect of the parties’ 6 year old child, relating to the release to the parties of a frozen fund of some £3.74 million, damages from a negligence claim launched on behalf of the child. Full report: Bailii.
D-S (Contact With Children In Care: Covid-19) [2020] EWCA Civ 1031 (04 August 2020)
Appeal by mother against dismissal of application for contact with 3 children in interim care. Appeal allowed. Full report: Bailii.
Webb v Webb (Cook Islands) [2020] UKPC 22 (03 August 2020)
Appeal by husband from the Court of Appeal of the Cook Islands, relating to division of matrimonial property. The appeal raised issues concerning the relevance of a tax debt incurred by the husband in New Zealand and whether it is enforceable in the Cook Islands, the validity of two trusts established by the husband and which hold assets said by the wife to be matrimonial property, and the approach to be taken to the assessment and valuation of matrimonial property where a financially dominant spouse fails to disclose relevant documents and information. Full report: Bailii.
H-B-S (Children: Discharge of Interim Care Order) [2020] EWCA Civ 1027 (03 August 2020)
Local authority's appeal from an order discharging interim care orders in relation to girls aged 9 and 7. Appeal allowed. Full report: Bailii.
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