News Essentials: 13th February 2021

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

NEWS

Council secures injunction against man who circumvented redaction in child protection papers
The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare. Full story: Local Government Lawyer.

Research exposes north-south divide in family law
Separated parents turning to the family courts in England are more likely to live in the country’s most deprived areas, according to research into private family law which also highlights a north-south divide. Full story: Law Society Gazette.

Judge ‘extremely concerned’ about risks father poses to two-year-old daughter
A High Court judge has said she is “extremely concerned” about the “physical safety” of a two-year-old girl whose father has a history of violence towards “people and animals”. Full story: Care Appointments.

Domestic abuse victims stalked as family courts share refuge addresses with ex-partners, commissioner warns
The family courts are putting domestic abuse victims and children at grave risk by sharing the secret addresses of shelters with the abusive ex-partner they are fleeing, and some survivors are suffering stalking as a result, London’s independent victims’ commissioner has warned. Full story: The Independent.

Privy Council hears appeal concerning same-sex marriage
The Judicial Committee of the Privy Council has reserved judgment in an appeal brought by the Bermudan Government as to the validity of same-sex marriage in the British Overseas Territory. Full story: Family Law Week.

Civil Procedure (Amendment) Rules 2021
The Civil Procedure (Amendment) Rules 2021, which come into force on 6 April 2021, amend the Civil Procedure Rules 1998. Full story: Family Law Week.

Important Changes to Contested Financial Remedy Applications
From the 15th February 2021, HMCTS are asking users to send their Contested FR Applications directly to the Financial Remedy Centre that is local to the Applicant, rather than sending them to the Regional Divorce Centres. Full story: Resolution.

CASES

AG v VD [2021] EWFC 9 (04 February 2021)
Application pursuant to Part III MFPA by W for financial relief following the breakdown of her marriage and a divorce in Russia. Full report: Bailii.

WX v HX (Treatment of Matrimonial and Non-Matrimonial Property) [2021] EWHC 241 (Fam) (10 February 2021)
Final hearing of application by W for a financial remedy order, in long marriage high-money case, involving consideration of what were matrimonial assets. Full report: Bailii.

Lancashire County Council v G (No. 4)(Continuing Unavailability of Regulated Placement) [2021] EWHC 244 (Fam) (11 February 2021)

Fourth judgment in deprivation of liberty and secure placement applications in relation to 16 year-old girl, where only unregistered placement available. Full report: Bailii.

A & B (Children) (deaf parent - assessment and practice) [2021] EWFC 10 (09 February 2021)
Final hearing of care and placement proceedings concerning two children, in case in which the mother is profoundly deaf. Includes lessons for LA re: approach to deaf parents. Full report: Bailii.

K v K [2020] EWFC 96 (03 December 2020)
Father's application for the continuation of an ex parte Prohibited Steps Order prohibiting the mother from removing the children from the jurisdiction. Full report: Bailii.

R (Leave to Oppose The Making of an Adoption Order), Re [2020] EWFC 97 (13 November 2020)
Application by mother for leave to oppose the making of an adoption order, following the making of care and placement orders. Full report: Bailii.

S, Re [2020] EWHC 2940 (Fam) (28 October 2020)
Application by mother for return of children to Poland, either pursuant to Hague Convention, or by enforcement of Polish custody order. Full report: Bailii.

G (Abduction: Consent/discretion) [2021] EWCA Civ 139 (09 February 2021)
Appeal by mother against order that children be returned to Romania, despite father consenting to the mother bringing the children to England. Appeal allowed. Full report: Bailii. See also my post, here.

A Borough Council v E (Unavailability of Regulated Placement) [2021] EWHC 183 (Fam) (05 February 2021)
Judgment considering question of whether the court should authorise the deprivation of a child's liberty in a placement unregulated by Ofsted, in circumstances where she was presently deprived of her liberty in an inappropriate hospital setting, there being no regulated placements currently available or willing to meet her identified welfare needs. Full report: Bailii.

NB v MI [2021] EWHC 224 (Fam) (08 February 2021)
Application for declaration of non-recognition of a marriage formed in Pakistan and petition for nullity, the issue being whether the applicant had the capacity to consent to marriage. Both application and petition dismissed. Full report: Bailii.