News Essentials: 7th November 2020
NEWS
The final report of the Working Group on Medical Experts in the Family Courts has been published today (Thursday 5 November 2020). Full story: Courts and Tribunals Judiciary.
Fears grow for those facing domestic abuse as England enters second lockdown
The domestic violence bill doesn’t go far enough, say its critics. Those at risk shouldn’t feel they have to stay home and suffer. Full story: The Guardian.
Message from the Lord Chief Justice and Senior President of Tribunals: new COVID-19 restrictions for England
The Prime Minister has announced the intention of the Government to introduce regulations that place England back into “lockdown”. The work of the courts and tribunals will continue to be exempted from these measures. Full story: Courts and Tribunals Judiciary.
Domestic abuse survivors 'having to pay for abusers to see children'
London victims’ commissioner calls for overhaul of family courts, including child contact payments. Full story: The Guardian.
Pension gap can leave women £70K worse off at retirement
Modelling done by Nest, the workplace pension scheme, suggests the average woman working full-time in the UK could have a £41,000 gender pension gap at retirement. Based on the overall average UK wage, which includes part-time work, this gap widens to as much as £72,500. Full story: Family Law Week.
CASES
SS v MCP [2020] EWHC 2971 (Fam) (06 November 2020)
Father's application for order under inherent jurisdiction for the summary return of child from India. Preliminary hearing on issue of jurisdiction. Question of whether Art 10 Brussels 2 retains jurisdiction, without limit of time, in a member state if a child habitually resident in that member state was wrongfully removed to (or retained in) a non-member state where she, following such removal (or retention), in due course became habitually resident. Full report: Bailii.
SS v MCP [2020] EWHC 2971 (Fam) (06 November 2020)
Father's application for order under inherent jurisdiction for the summary return of child from India. Preliminary hearing on issue of jurisdiction. Question of whether Art 10 Brussels 2 retains jurisdiction, without limit of time, in a member state if a child habitually resident in that member state was wrongfully removed to (or retained in) a non-member state where she, following such removal (or retention), in due course became habitually resident. Full report: Bailii.
MGB v GT [2020] EWHC 2968 (Fam) (05 November 2020)
Appeal by mother against decision that father may arrange for the children to visit and stay with the Paternal Grandparents in the Ukraine. Appeal allowed. Full report: Bailii.
Appeal by mother against decision that father may arrange for the children to visit and stay with the Paternal Grandparents in the Ukraine. Appeal allowed. Full report: Bailii.
BSA v NVT [2020] EWHC 2906 (Fam) (04 November 2020)
Schedule 1 CA proceedings. Appeal by father against orders made in enforcement proceedings, including argument that recital to order could not be enforced, as it was not an order that the court could make. Appeal dismissed. Full report: Bailii. See also my note here.
Schedule 1 CA proceedings. Appeal by father against orders made in enforcement proceedings, including argument that recital to order could not be enforced, as it was not an order that the court could make. Appeal dismissed. Full report: Bailii. See also my note here.
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