News Essentials: 16th July 2022

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

NEWS

Mother in same-sex relationship will not have to adopt daughter to be recognised as parent
High court quashes adoption, which couple were forced into after registrar wrongly permitted only one mother’s name on child’s birth certificate. Full story: The Guardian.

Archie Battersbee: Court rules life-support can end
Life-support treatment for 12-year-old Archie Battersbee can end, a judge has ruled. Full story: BBC News.

Prohibition of cross-examination in person in family and civil proceedings
Overview and registration information for qualified legal representatives under the Domestic Abuse Act 2021. Full story: Ministry of Justice.

Survey of Child Support Agency Case Closure Outcomes
These are findings from a study about the child maintenance outcomes of separated parents who previously had cases with the Child Support Agency. Full story: Department for Work and Pensions.

Extra support for thousands navigating the legal system
Thousands more vulnerable people will have help navigating civil and family legal issues thanks to increased government investment in legal support. Full story: Ministry of Justice.

Judge lambasts ‘feral’ divorce proceedings
A former husband and wife whose ‘very messy divorce’ led to ‘feral, unprincipled and unnecessarily expensive financial remedy proceedings’ have been lambasted by a family court judge. Full story: Law Society Gazette.

Statutory guidance: Domestic Abuse Act 2021
The Home Office has published statutory guidance supporting the implementation of the Domestic Abuse Act's wide-ranging statutory definition of domestic abuse and providing guidance to those working with victims, including the police and local authorities. Full story: Family Law Week.

Research undertaken into experience of parents with learning disabilities or difficulties involved in care proceedings
The Institute of Public Care at Oxford Brookes University has been commissioned by Nuffield Family Justice Observatory to undertake a study to explore the prevalence and experience of parents with learning disabilities or difficulties involved in care proceedings concerning their babies in England. Full story: Family Law Week.

Amendment to Online Safety Bill will give greater powers to tackle child abuse online
Greater powers to tackle child sexual abuse online will be introduced through an amendment to the Online Safety Bill at Report stage, the Home Secretary has announced. Full story: Family Law Week.

Law Society calls for legal aid to be extended to all kinship carers
The Law Society has said that more legal aid provision is needed to help families and friends to look after children and avoid them having to go into care. Full story: Family Law Week.

‘System failings’ damage educational and employment outcomes for children in care
System-wide failings are resulting in looked-after children receiving inadequate and 'unacceptable' education, according to a report from the Commons Education Committee. Full story: Family Law Week.

Reforms to protect victims of intimate image abuse, criminalising “downblousing” and sharing pornographic deepfakes without consent
The Law Commission of England and Wales has today proposed new recommendations to strengthen the law to protect victims of intimate image abuse. Full story: Law Commission.

Law firm’s “extremely disquieting” failure to comply with court order
A High Court judge has described as “extremely disquieting” the failure of a North-West law firm to comply with a disclosure order - even though ultimately the order was unnecessary. Full story: Legal Futures.

CASES

Barts Health NHS Trust v Dance & Ors (Re Archie Battersbee) [2022] EWFC 80 (15 July 2022)
Rehearing of application by NHS Trust for a declaration that it was lawful to undertake brain stem testing and to withdraw mechanical ventilation in relation to their patient, a 12-year-old boy. Full report: Bailii.

B, Re (Children: Police Investigation) [2022] EWCA Civ 982 (15 July 2022)
Appeal against injunction made in long-running private law proceedings prohibiting the police from interviewing 2 children who had been found to have been alienated against the father by the mother. Appeal allowed. Full report: Bailii.

X v Y [2022] EWFC 77 (07 July 2022)
Application for a declaration of parentage in relation to man believed to be the applicant's biological father. Full report: Bailii.

P v D (allegations not pursued) [2022] EWFC B21 (11 January 2022)

Application by father for child arrangements order. Judgment explaining that there would be no fact-finding hearing, following withdrawal of allegations by mother against father. Full report: Bailii.

CK, Re (A Child: Fact-Finding) [2022] EWCA Civ 952 (13 July 2022)
Appeal by mother against findings made in care proceedings that she inflicted serious physical injuries on the child. Appeal dismissed. Full report: Bailii.

Trafford Borough Council v B & Ors [2022] EWHC 1406 (Fam) (09 June 2022)
Application by local authority for declarations authorising the deprivation of liberty of a 14 year-old child, in circumstances where there was no suitable residential therapeutic placement to meet her needs. Full report: Bailii.

B v N [2022] EWHC 1429 (Fam) (25 May 2022)
Application by father for an order directing the summary return of child to Germany. Application granted. Full report: Bailii.

R v G [2022] EWHC 1428 (Fam) (19 May 2022)
Application by father under inherent jurisdiction seeking summary return of children from Jordan. Return ordered. Full report: Bailii.

P, J, E-R, E-L (Children : Care Orders) [2022] EWFC 73 (28 March 2022)
Final hearing of applications for care and placement orders in relation to four children, including judicial criticism of the conduct of the case by the local authority. Full report: Bailii.

NP v TP [2022] EWFC 78 (08 July 2022)
Application by husband for rescission of order directing that stay on wife’s English divorce petition be lifted, the husband having issued divorce proceedings in Bulgaria. Application refused. Full report: Bailii.