News Essentials: 26th March 2022

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

NEWS

'Absolute scandal': HMCTS urged to cut £593 divorce fee
Calls are growing for HM Courts & Tribunals Service to slash the £593 divorce fee given the process will be online and quicker under reforms coming into force next month. Full story: Law Society Gazette.

Dubai ruler to have no direct contact with two children after UK court battle
Sheikh Mohammed’s ex-wife Princess Haya granted responsibility for decisions on their children’s medical care and schooling. Full story: The Guardian. See judgments, below.

Don't include personal attacks in statements, family judge urges solicitors
A Family Court judge has made a public plea for parties to stop using section 25 statements to make personal attacks on their former partner. Full story: Law Society Gazette.

Judge terminates appointment of guardian who criticised solicitor
A circuit judge has terminated the appointment of the guardian of a young child in care proceedings after he criticised the father’s solicitor in a letter to the law firm’s head of department. Full story: Legal Futures.

MoJ under pressure to widen scope of divorce reform
As family lawyers prepare to welcome a new era of ‘no-fault’ divorce, the Ministry of Justice has come under pressure in the House of Lords to review the law governing financial provision. Full story: Law Society Gazette.

CASES

J & K v L (Schedule 1: older children) [2021] EWFC B104 (30 December 2021)
Application by mother for financial provision for children, now aged 20 and 18. Full report: Bailii.

B (A Child), Re (Adequacy of Reasons) [2022] EWCA Civ 407 (25 March 2022)
Appeal by parents concerning the adequacy of a judgment leading to the making of a placement order in respect of their son. Appeal allowed. Full report: Bailii.

Mohammed bin Rashid al-Maktoum v Princess Haya [2021] EWHC 3480 (Fam) (22 December 2021)
Welfare judgment in long-running wardship proceedings concerning children of the Sheikh of Dubai. Full report: Bailii. See also publication judgment, here.

Local Authority v A, B and D [2022] EWFC 23 (18 January 2022)
Fact-finding in care proceedings, concerning circumstances surrounding death of sibling. Full report: Bailii.

R v G & Anor (Hague Convention and Asylum) [2022] EWHC 655 (Fam) (22 March 2022)
Application by mother for stay of order requiring return of child to Italy, pending determination of her subsequent asylum application. Full report: Bailii.

North West Anglia NHS Foundation Trust v BN & Anor [2022] EWHC 663 (Fam) (16 March 2022)
Application by NHS Trust for declaration that 40 year old woman had died due to an irreversible absence of brain-stem functioning. Full report: Bailii.

WC v HC (Financial Remedies Agreements) [2022] EWFC 22 (22 March 2022)
Final hearing of financial remedies application, including consideration of post-marital agreement that W had not signed. Full report: Bailii. See also my note, here.

A (Schedule 1, Overspend, Costs Clawback) (Rev1) [2022] EWFC 21 (03 March 2022)
Schedule 1 application by M, in which she sought a lump sum to pay her debts (including legal costs), which F claimed had increased because of M's reckless and irresponsible overspend. Full report: Bailii.

N (A Child) (Termination of children's guardian) [2022] EWFC B16 (09 February 2022)
Father’s application to terminate the appointment of the guardian in care proceedings in relation to his son. Full report: Bailii.

Z (A Child) (Surrogacy) [2022] EWFC 18 (10 March 2022)
Application for parental order relating to child born as a result of a surrogacy arrangement entered into between the parties in Georgia, considered in the context of ongoing care proceedings relating to child. Full report: Bailii.