News Essentials: 12th September 2020

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

NEWS

Further consultation on remote and hybrid hearings in the family court announced
The President of the Family Division, Sir Andrew McFarlane has announced the commencement of a further consultation on remote and hybrid hearings in the family court. Full story: Family Law Week.

Some amendments to Adoption and Children Regulations will be extended to 31 March 2021
Government publishes responses to consultation. Full story: Family Law Week.

Children’s Commissioner calls for ban on using unregulated accommodation for under 18s in care
Anne Longfield, Children's Commissioner for England, is calling for the Government to change the law to stop councils placing under 18s in care in unregulated accommodation. Full story: Family Law Week.

Update: Standard orders issued by Mr Justice Mostyn
Following the publication of the standard financial and enforcement orders by Mr Justice Mostyn in August 2019, there have been several updates. Full story: Courts and Tribunals Judiciary.

Teenager involved with gangs and drugs to go into council care for his own safety
A 16-year-old boy who is involved in gangs and drugs should go into council care for his own safety, a judge has decided. Full story: Care Appointments.

Judge decides children can return home after father undergoes anger management treatment
A man has won a family court fight over the care of two children after going on anger management courses. Full story: Care Appointments.

Financial Remedies Court Pilot extended to South West
Mrs Justice Theis, acting President of the Family Division, has announced that the Financial Remedies Pilot will be launched in the South West with effect from 1 October 2020. Full story: Family Law Week.

Baby died after parents 'rolled on to him' while asleep
A seven-week-old baby died because his mother or father "inadvertently rolled on to him" when they were sleeping, a High Court judge said. Full story: BBC News. See here for the judgment.

Views sought on revised SWET
A review of the Social Work Evidence Template (or SWET), as well as the creation of a short SWET for use in urgent hearings, has recently been recommended by the President of the Family Division's Public Law Working Group. Full story: Family Law Week.

CASES

D and S (Children) [2020] EWFC B41 (11 September 2020)
Final hearing of care proceedings concerning teenage girl with acute mental health difficulties and her half-brother. Care orders made in respect of both children. Full report: Bailii.

ZM v NM [2020] EWHC 2413 (Fam) (21 February 2020)
Application by father for summary return of 2 children to Croatia. Return ordered.Full report: Bailii.

B (A Child) (Abduction: Habitual Residence) [2020] EWCA Civ 1187 (10 September 2020)
Appeal by father against dismissal of his application for an order that the parties' child be returned to France, on the basis that the child was not habitually resident in France at the relevant date. Held that the child was habitually resident in France, and therefore the appeal was allowed. Full report: Bailii.

F v G [2020] EWHC 2396 (Fam) (07 September 2020)
Appeal by father against order that children should live with their mother and have indirect contact only with the father, and that the father be excluded from making decisions with respect to the children's education and health. Appeal allowed. Full report: Bailii. See also my summary, here.

G (ICO) [2020] EWFC B40 (03 September 2020)
Judgment relating to interim care order made in respect of child whose mother has learning disabilities. Includes link to guidance regarding drafting threshold documents. Full report: Bailii.