News Essentials: 22nd January 2022

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

NEWS

Firm comes off record in face of harassment by angry ex-husband
The High Court has allowed a Kent law firm to come off the record for a woman whose divorced husband has waged a campaign of harassment against it and her for many years. Full story: Legal Futures.

Cafcass awarded further £2.3m to tackle case backlog
Family court body’s budget now 8% higher than 2020-21 level as it extends policy of deferring allocating less urgent cases to social workers. Full story: Community Care.

The Family Proceedings Fees (Amendment) Order 2022
This Order amends the Family Proceedings Fees Order 2008 (S.I. 2008/1054) (“the Fees Order”). Articles 3(2), (3)(a), (8) and (9)(b) amend the Fees Order to reflect changes in terminology resulting from the Divorce, Dissolution and Separation Act 2020. Statutory Instrument.

Council pays family £2,500 after issuing care proceedings based on ‘incomplete and flawed information’
Ombudsman finds Richmond council failed to adequately support adoptive mother in caring for disabled son and caused both distress. Full story: Community Care.

The Family Procedure (Amendment) Rules 2022
The Family Procedure (Amendment) Rules 2022 amend the Family Procedure Rules 2010. Statutory Instrument. See also this explanatory memorandum.

Divorced women face unstable retirement as pensions left out of settlements
Only 15% of divorcing couples include pensions in their financial settlement, according to a survey of Which? members carried out in November 2021. Full story: Which?

Researchers appointed for report into domestic abuse victims with no access to public funds
The Domestic Abuse Commissioner has announced the appointment of researchers at the London School of Economics and Political Science, commissioned to produce a report on support for victims and survivors of domestic abuse who have no recourse to public funds in summer 2022. Full story: Family Law Week.

Marriage and Civil Partnership (Minimum Age) Bill completes committee stage
The Public Bill Committee completed its work in respect of the Marriage and Civil Partnership (Minimum Age) Bill on 12 January 2022 and has reported the Bill without amendments to the House of Commons. Full story: Family Law Week.

Review of the Standard Family Orders announced
On 14 January 2022 Mr Justice Mostyn announced a review of the Standard Family Orders. Full story: Family Law Week.

Family mediation scheme to help thousands more parents
Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million. Full story: Ministry of Justice.

CASES

Griffiths v Griffiths (Decision on Recusal) [2021] EWHC 3600 (Fam) (09 December 2021)
Application by father in child arrangements proceedings for judge to recuse herself. Full report: Bailii.

Griffiths v Griffiths (Guidance on Contact Costs) [2022] EWHC 113 (Fam) (20 January 2022)
Appeal by mother from contact order, considering whether she, as a victim of abuse, should be required to contribute towards the cost of supervised contact. Full report: Bailii.

Maughan v Wilmot [2021] EWHC 3592 (Fam) (08 October 2021)
Application by W and by her solicitors for an extension of a general civil restraint order against H, in long-running financial remedy proceedings. Full report: Bailii. See also my brief note, here.

B-B, Re (Domestic Abuse: Fact-Finding) [2022] EWHC 108 (Fam) (20 January 2022)
Fact-finding in child arrangements proceedings concerning cross-allegations of abuse, following successful appeal by mother from earlier order. Full report: Bailii.

H (A Child : Private law; adverse findings, restrictions on parental responsibility) [2021] EWFC B91 (15 December 2021)
Judgment in child arrangements proceedings concerning 7 year old child, in which adverse findings were made against the mother. Full report: Bailii.

K (Forced Marriage Protection Orders; Abuse of process) [2021] EWFC B92 (15 October 2021)
Application by aunt for Forced Marriage Protection Orders in relation to her three nieces. Held that the applications were totally without merit and an abuse of process. Full report: Bailii.

S (Vulnerable Party: Fairness Of Proceedings) [2022] EWCA Civ 8 (18 January 2022)
Appeal by intervenor against findings made against her in care proceedings on the grounds, inter alia, that the court did not take into account her cognitive difficulties. Full report: Bailii.

Lancashire County Council v M (Injury - Flawed Investigation) [2022] EWFC B2 (17 January 2022)
Fact-finding in care proceedings, concerning cause of injuries to child. Investigation of responsibility for injuries found to have been seriously flawed. Full report: Bailii.