News Essentials: 9th April 2022

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

NEWS

High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go
A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said. Full story: Local Government Lawyer.

Judge gives guidance on care cases where parent has learning disability
A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him. Full story: Local Government Lawyer.

“Blame game” ends as no-fault divorce comes into force
Landmark reforms introducing no-fault divorce aimed at reducing conflict between separating couples come into force today. Full story: Ministry of Justice.

Family judge sorry after ‘everything went wrong’ in contact dispute
A High Court judge has made a public apology to parents involved in contact proceedings where a litany of mistakes were made. Sir Jonathan Cohen, sitting in the Family Division in JB v DJ, said it was a matter of ‘great regret that everything that procedurally could have gone wrong in this case has gone wrong’. Full story: Law Society Gazette.

Children subject of deprivation of liberty applications spending “significant” amount of time in suboptimal placements, research highlights
It is evident that children who are the subject of applications to the Family Court to authorise a deprivation of liberty, are spending significant periods of time in "suboptimal" placements without the therapeutic support they need to make significant long-term improvements, according to a review of published judgments by the Nuffield Family Justice Observatory. Full story: Local Government Lawyer.

Research report published considering improvements to supervision orders and care orders at home
On 31 March 2022 the Department for Education published a qualitative study into parental perspectives of supervision orders and care orders at home. Full story: Family Law Week.

Government consultation open for changes to SEND system
On 29 March 2022 the government published its review into the special educational needs and disabilities (SEND) and alternative provision (AP) system in England as part of its commitment to improving outcomes for children and young people with SEND and in AP. Full story: Family Law Week.

CASES

K v K [2022] EWCA Civ 468 (08 April 2022)
Appeal by father from fact-finding in child arrangements proceedings, including general guidance on the proper approach to fact-finding hearings in private family proceedings. Appeal allowed. Full report: Bailii.

C v S [2022] EWHC 800 (Fam) (04 April 2022)
Appeal by father against refusal of costs application in private law children proceedings. Appeal allowed. Full report: Bailii.

Simon v Simon [2022] EWFC 29 (21 March 2022)
Application for the joinder by litigation lenders to financial remedy proceedings, where they seek to set aside a final consent order in financial remedy proceedings. Full report: Bailii. See also my post, here.

Griffiths v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent) [2022] EWCA Civ 465 (05 April 2022)
Appeal concerning publication of fact-finding judgment in Children Act proceedings. Judgment relating, inter alia, to disclosure of appeal papers to non-parties without the permission of the court. Full report: Bailii.

JB v DJ [2021] EWHC 3524 (Fam) (28 October 2021)
Appeal by mother from order transferring residence of child to father. Appeal allowed. Full report: Bailii.

Traharne v Limb [2022] EWFC 27 (31 March 2022)
Final hearing of W's financial remedies application, in which H argued that a post nuptial agreement was a "magnetic factor". Full report: Bailii. See also my note, here.

London Borough of Islington v EF [2022] EWHC 803 (Fam) (18 March 2022)
Application by local authority under inherent jurisdiction to prohibit 18 year old from travelling to Brazil to meet a man she wants to be with. Full report: Bailii.

HM Attorney General v Dowie [2022] EWFC 25 (11 March 2022)
Application by Attorney General for an order committing defendant to prison for contempt arising out of his alleged interference with the administration of justice, publishing videos relating to family court proceedings. Full report: Bailii.

XX, YY and Child H [2022] EWFC 10 (19 January 2022)
Applications for care and placement orders in relation to 17 month old child, whose parents are of Romanian origin. Full report: Bailii.