News Essentials: 8th January 2022

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

NEWS

Child poverty rises linked to 10,000 more children going into care over five years, finds research
Study highlights feedback loop of regional inequality, with poor areas seeing steepest rises in social work interventions, fuelling long-term disadvantage. Full story: Community Care.

Domestic abuse victims in England and Wales to be given more time to report assaults
New measures targeted directly at keeping women and girls safer will be added to the Police, Crime, Sentencing and Courts Bill today (4 January) the Government has announced. Full story: Ministry of Justice.

Litigation funder ‘bypassed’ by divorce client seeks to recover £1m
A litigation funder is going to court to recover £1m it claims to be owed from a divorce case it helped to finance. Full story: Law Society Gazette.

Charity says 16,000 UK children could be exposed to domestic abuse at Christmas
Early Intervention Foundation calls on ministers to commit to funding specialist support services in new year. Full story: The Guardian.

Message from the President of the Family Division: Guidance on e-bundles
This guidance supplements the general guidance on electronic bundles for all courts issued by the Senior Presiding Judge, the President of the Family Division and the Judge-in-charge of Live Services on 29 November 2021. Full story: Courts and Tribunals Judiciary.

Ruler of Dubai ordered to pay divorce settlement that could exceed £500m
Payment to protect Princess Haya and children from threat sheikh poses to them is highest awarded by a UK court. Full story: The Guardian.

Plan to reform Human Rights Act
The Human Rights Act will be revised under plans unveiled by the Justice Secretary Dominic Raab. Full story: Ministry of Justice.

Migrant victims of domestic abuse failed by government, says Domestic Abuse Commissioner
The Domestic Abuse Commissioner has criticised government failure to offer safe reporting mechanisms for migrant victims of domestic abuse. Full story: Family Law Week.

Human Rights Committee examines historic treatment of unmarried mothers in adoption inquiry
The Joint Committee on Human Rights has held the opening session of its new inquiry into the adoption of children of unmarried women between 1949 and 1976 when it took evidence from academics specialising in issues related to historic adoption. Full story: Family Law Week.

CASES

E, A & N, Re (Contested Adoption) [2020] EWFC B82 (28 October 2020)
Final hearing of adoption applications in relation to 3 children. Applications approved. Full report: Bailii.

A & N, Re (Children - Leave to Oppose Adoption) [2020] EWFC B81 (06 April 2020)
Application by mother for leave to oppose adoption application. Leave granted. Full report: Bailii.

N, Re (A Child: Fact Finding - NAI [2020] EWFC B80 (27 October 2020)
Fact-finding in care proceedings, concerning cause of injuries to child. Full report: Bailii.

FC & EW, Re (Children Judgment No. 2 - Welfare Hearing) [2021] EWFC B86 (01 April 2021)
Welfare hearing in care proceedings concerning two children, following earlier fact-finding hearing. Full report: Bailii.

AA v IH (Impact of Covid on Existing Arrangements) [2020] EWFC B79 (27 April 2020)
Judgment concerning effect of Covid on living arrangements for children. Full report: Bailii.

F (A Child) (Care Order : Deprivation of Liberty) [2021] EWHC 3527 (Fam) (09 December 2021)
Care and DOL proceedings concerning 14 year old child who had attempted to self-harm and to take her own life. Full report: Bailii.

D v S (international Relocation) [2020] EWFC B78 (17 December 2021)
Application by mother for permission to relocate with 1 year old child to France. Permission granted. Full report: Bailii.

Y (A Minor) (Brussels II Revised: Jurisdiction after Article 15 Transfer) [2021] EWFC 107 (16 December 2021)
Care proceedings in relation to Hungarian child. Judgment concerning jurisdiction, following transfer of proceedings from England to Hungary. Full report: Bailii.

UG v NN [2022] EWHC 8 (Fam) (04 January 2022)
Application by mother for summary return of three children to Austria. Return ordered. Full report: Bailii.

X, Re [2021] EWFC B85 (21 December 2021)
Care proceedings in relation to 7 year old child. Ordered that child live with mother and have supervised contact with father. Full report: Bailii.

LS v PS [2021] EWFC 108 (23 December 2021)
Application by intervener, which had provided litigation funding to W, for disclosure of material subject to 'without prejudice' privilege, intervenor seeking to set aside consent order which it alleges was deliberately structured so as to leave W with no assets from which her debt to intervenor could be met. Full report: Bailii.

O and T (Children: Supervision Order) [2021] EWFC B84 (17 December 2021)
Care proceedings. Emotional harm due to exposure to parental conflict. Children returned to parents under joint ‘lives with’ CAO + supervision order. Full report: Bailii.

L v L [2021] EWFC B83 (05 October 2021)
Financial remedies case in which principal issue was whether H should receive larger share because business that generated parties' wealth was acquired by him from his father before the parties met. Full report: Bailii.

Her Royal Highness Haya Bint Al Hussein v His Highness Mohammed Bin Rashid Al Maktoum [2021] EWFC 94 (19 November 2021)
Final hearing of applications by wife under Schedule 1 Children Act 1989 and Part III MFPA 1984. Full report: Bailii.

X (Children) (Article 61 BIIa) [2021] EWCA Civ 1305 (24 August 2021)
Appeal by father from determination that 1996 Hague Convention applied to proceedings, rather than BIIa. Appeal allowed. Full report: Bailii.

UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 (21 December 2021)
Appeal by father from Sch 1 order under which children would receive capital provision when they were adults. Appeal allowed. Full report: Bailii.

A (A Child), Re [2021] EWHC 3467 (Fam) (20 December 2021)
Application by mother seeking, inter alia, return of child from Switzerland. Full report: Bailii.

Children, Re (Private Law: Covert Recordings: Adjournment of Final Hearing) [2021] EWFC B82 (02 November 2021)
Application by M for permission to remove children from jurisdiction. Judgment re: disclosure of covert recordings of F made by W, in connection with fact-finding re: allegations of abuse made by W against H. Full report: Bailii.

X (A Child) (Jurisdiction and Habitual Residence Issue) [2021] EWFC B81 (30 November 2021)
Care proceedings concerning child whose mother lives in UK and father in Australia. Judgment on jurisdiction. Full report: Bailii.

CC v ME [2021] EWHC 3506 (Fam) (15 December 2021)
Application by mother for summary return of children to Switzerland, made one year after their departure. Return ordered. Full report: Bailii.