News Essentials: 10th July 2021

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

NEWS

Family Court judge issues ruling to highlight successful use of “Resolutions Model”
A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court. Full story: Local Government Lawyer.

Message from Mr Justice Mostyn: Standard orders
Changes to standard family orders volume 2, Children and Other Orders. Full story: Courts and Tribunals Judiciary.

The Domestic Abuse Act 2021 (Commencement No. 1 and Saving Provisions) Regulations 2021
These Regulations bring into force on 5th July 2021 sections 1 and 2 (for limited purposes), section 76 (in specified areas for a specified period) and section 78 of the Domestic Abuse Act 2021. Statutory Instrument.

Regional and local support for LiPs underway in England and Wales
The Ministry of Justice has announced that the Legal Support for Litigants in Person grant is fully underway, funding 11 projects across more than 50 organisations at local, regional and national levels to help people to identify issues as early as possible, to prevent them from getting worse, and to support people where they do need to attend court. Full story: Family Law Week.

Gingerbread calls on the Government to scrap unfair child maintenance fees
Gingerbread, the charity for single parent families, is calling on the Department for Work and Pensions to scrap unfair child maintenance fees. Full story: Family Law Week.

CASES

K v H [2021] EWHC 1918 (Fam) (08 July 2021)
Application by mother under inherent jurisdiction for return of children from Sudan. Application dismissed, as children habitually resident in Sudan. Full report: Bailii.

R (A Child), Re [2021] EWCA Civ 1019 (09 July 2021)
Appeal by LA from order effectively determining care proceedings by rejecting LA's care plan for adoption and directing position statement from LA in response. Appeal allowed. Full report: Bailii.

F v M & Ors [2021] EWHC 553 (Fam) (11 March 2021)
Fact finding hearing within proceedings brought under the inherent jurisdiction for the return of two children to a country to which the Hague Convention does not apply. Full report: Bailii.

AA v BB [2021] EWHC 1822 (Fam) (02 July 2021)
Appeal against case management decision to exclude evidence from a fact finding hearing where there were allegations of domestic abuse. Appeal allowed. Full report: Bailii.

Haskell v Haskell IV [2021] EWHC 1867 (Fam) (17 May 2021)
Hearing of two judgment summonses issued against the husband to enforce financial remedies order. Full report: Bailii.

A-M (A Child : 1980 Hague Convention) [2021] EWCA Civ 998 (06 July 2021)
Appeal by mother from order requiring her to return child to Norway, "in the care of" his father, following finding that mother had failed to establish Art 13(b) defence. Appeal allowed. Full report: Bailii.

J (A Child) (Resolutions Model) [2021] EWFC 58 (25 June 2021)
Care proceedings, following previous proceedings in which sibling's injuries had been found to have been caused by mother or father. Care order made, on basis child would remain in care of mother. Full report: Bailii.

Tameside Metropolitan Borough Council v C & Ors [2021] EWHC 1814 (Fam) (05 July 2021)
Application by LA to further extend an order authorising the deprivation of 17 year old's liberty. Judgment highlights acute shortage of provision for such children. Full report: Bailii.

K & Ors v K [2021] EWHC 1846 (Fam) (05 July 2021)
Appeal by a father and children against the registration of a Polish custody order made in 2016. Appeal allowed. Full report: Bailii.

London Borough of Lambeth v L (Unlawful Placement) [2020] EWHC 3383 (Fam) (14 December 2020)
Application by LA for an order under the inherent jurisdiction authorising the deprivation of child's liberty in a placement in Scotland. Full report: Bailii.

Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam) (02 July 2021)
Judgment considering whether W's claim under Part III MFPA 1984 survives the death of the husband and can be continued against his estate. Held that it does not. Full report: Bailii.