News Essentials: 3rd October 2020
NEWS
Age UK is asking the government to consider how to make the best use of resources to tackle domestic abuse among older people, because "domestic abuse has no age limit". Full story: Family Law Week.
United Kingdom joins 2007 Child Support Convention
On 28 September 2020, the United Kingdom of Great Britain and Northern Ireland deposited its instrument of ratification to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Child Support Convention). Full story: Family Law Week.
Black Country Family, Drug and Alcohol Court launched
The UK's 10th Family, Drug and Alcohol Court (FDAC) was launched this week in the Midlands. Full story: Family Law Week.
Robert Peel QC appointed to High Court bench
Robert Peel QC of 29 Bedford Row has been appointed to the High Court and will be assigned to the Family Division. Full story: Family Law Week.
Government doubles funding for child sexual abuse charities to £2.4 million
A joint Home Office and Ministry of Justice fund of £2.4 million will support national charities that work with children and adults who have experienced child sexual abuse. Full story: Family Law Week.
President of Family Division returns to work
The President of the Family Division, Sir Andrew McFarlane, has expressed his delight to be back at work after his successful open-heart surgery. Full story: Family Law Week.
Man, 41, loses 'unprecedented' legal bid for parents' financial support
A 41-year-old man has failed in a legal bid to force his wealthy parents to continue financially supporting him. Full story: BBC News. See report, below.
Separated parents from deprived areas going to court in Wales
Separated parents in the family courts in Wales are likely to live in deprived areas, according to landmark research on private law proceedings. Full story: Law Society Gazette.
Judge tells lawyers: Stop wasting our time with trivial applications
A leading family judge has made a direct appeal to lawyers to stop clogging up the system with unnecessary applications. Full story: Law Society Gazette. See report, below.
Family law disputes involving the EU: guidance for legal professionals from 1 January 2021
Guidance for legal professionals on family law disputes involving the EU from 1 January 2021. Full story: Ministry of Justice.
Child Maintenance Service statistics: data to June 2020
Quarterly experimental statistics on the Child Maintenance Service, data to June 2020. Full story: Department for Work and Pensions.
CASES
JL (Leave to Apply to Revoke Placement Order) [2020] EWCA Civ 1253 (08 September 2020)
Appeal by a grandmother against an order refusing her permission to apply to revoke a placement order made in earlier proceedings in respect of her grandson, and for permission to apply for a special guardianship order, or alternatively a child arrangements order, in respect of the child. Appeal allowed. Full report: Bailii.
Appeal by a grandmother against an order refusing her permission to apply to revoke a placement order made in earlier proceedings in respect of her grandson, and for permission to apply for a special guardianship order, or alternatively a child arrangements order, in respect of the child. Appeal allowed. Full report: Bailii.
Birmingham Women's and Children's NHS Foundation Trust v JB & Anor [2020] EWHC 2595 (Fam) (28 August 2020)
Application by NHS Trust for declaration sanctioning the withdrawal of intensive care for a 12-year-old young person who has acquired a severe brain injury. Full report: Bailii.
M and Z (Children), Re [2020] EWFC 59 (14 July 2020)
Care proceedings in respect of two children, commenced shortly after previous care proceedings had been withdrawn, those proceedings having been issued following a finding that one of the children had suffered a skull fracture. Judgment to determine whether the court could lawfully, or should, consider the causation of child's skull fracture within the current proceedings. Full report: Bailii.
Care proceedings in respect of two children, commenced shortly after previous care proceedings had been withdrawn, those proceedings having been issued following a finding that one of the children had suffered a skull fracture. Judgment to determine whether the court could lawfully, or should, consider the causation of child's skull fracture within the current proceedings. Full report: Bailii.
FS v RS and JS [2020] EWFC 63 (30 September 2020)
Applications by 41-year-old man for financial relief against his parents. Applications dismissed. Full report: Bailii. For my summary, see this post.
Applications by 41-year-old man for financial relief against his parents. Applications dismissed. Full report: Bailii. For my summary, see this post.
K (Threshold - Cocaine Ingestion - Failure to give evidence) [2020] EWHC 2502 (Fam) (29 September 2020)
Care proceedings in relation to four children whose 3 year-old sibling died as a result of cocaine ingestion, in which the mother did not give evidence. Full report: Bailii.
Care proceedings in relation to four children whose 3 year-old sibling died as a result of cocaine ingestion, in which the mother did not give evidence. Full report: Bailii.
X, Y & Z (Children) [2020] EWFC B45 (27 September 2020)
Final hearing of care proceedings concerning 3 children, all living with relatives. Full report: Bailii.
Final hearing of care proceedings concerning 3 children, all living with relatives. Full report: Bailii.
Cumbria County Council v T (Discharge of Intervenors) [2020] EWFC 58 (11 September 2020)
Care proceedings in relation to 6 year old child, in which the mother sought findings that the intervenors had sexually abused the child, and others. Hearing to consider whether or not it was necessary and proportionate for the court to determine the findings of fact sought by the mother against the intervenors and, accordingly, whether or not it was appropriate for each of the interveners to be discharged. Full report: Bailii.
J v A South Wales Local Authority [2020] EWHC 2362 (Admin) (14 September 2020)
This is an appeal on behalf of J against the decision of HHJ Howells to permit the local authority to withdraw three admissions of liability it made to J in civil proceedings in which breach of duty was alleged on account of the local authority’s alleged failure to remove him from the care of his mother and her foster parents and place him for adoption in the first months of his life. Full report: Bailii, via Family Law Week.
Amine v Amine [2020] EWHC 2339 (Fam) (13 July 2020)
Judgment in third set of child abduction proceedings brought by the father in respect of two children, seeking the return of the children to Morocco. Full report: Bailii.
Z (Adoption), Re [2020] EWFC 60 (31 July 2020)
Application for an adoption order in relation to a 3 year old child born in Mauritius. Full report: Bailii.
B (A Child) (Unnecessary Private Law Applications), Re [2020] EWFC B44 (25 September 2020)
Judgment highlighting the extent to which court lists are being filled by interim private law hearings that should not require court involvement. Full report: Bailii.
WS v KL [2020] EWHC 2548 (Fam) (25 September 2020)
Appeal by father against order granting permission to the mother to remove the children permanently from the jurisdiction of England and Wales to live in Hong Kong. Appeal allowed. Full report: Bailii.
Care proceedings in relation to 6 year old child, in which the mother sought findings that the intervenors had sexually abused the child, and others. Hearing to consider whether or not it was necessary and proportionate for the court to determine the findings of fact sought by the mother against the intervenors and, accordingly, whether or not it was appropriate for each of the interveners to be discharged. Full report: Bailii.
J v A South Wales Local Authority [2020] EWHC 2362 (Admin) (14 September 2020)
This is an appeal on behalf of J against the decision of HHJ Howells to permit the local authority to withdraw three admissions of liability it made to J in civil proceedings in which breach of duty was alleged on account of the local authority’s alleged failure to remove him from the care of his mother and her foster parents and place him for adoption in the first months of his life. Full report: Bailii, via Family Law Week.
Amine v Amine [2020] EWHC 2339 (Fam) (13 July 2020)
Judgment in third set of child abduction proceedings brought by the father in respect of two children, seeking the return of the children to Morocco. Full report: Bailii.
Z (Adoption), Re [2020] EWFC 60 (31 July 2020)
Application for an adoption order in relation to a 3 year old child born in Mauritius. Full report: Bailii.
B (A Child) (Unnecessary Private Law Applications), Re [2020] EWFC B44 (25 September 2020)
Judgment highlighting the extent to which court lists are being filled by interim private law hearings that should not require court involvement. Full report: Bailii.
WS v KL [2020] EWHC 2548 (Fam) (25 September 2020)
Appeal by father against order granting permission to the mother to remove the children permanently from the jurisdiction of England and Wales to live in Hong Kong. Appeal allowed. Full report: Bailii.
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