News Essentials: 20th August 2022
A brief summary of the essential family law news and, mainly, cases from the last week:
NEWS
A High Court judge has described a shortage of secure accommodation for troubled children in England and Wales as a “national scandal” after being told that 62 youngsters are vying for two spots. Full story: Care Appointments.
Vulnerable women put at risk as courts in England and Wales reveal refuge locations
Secret addresses have been exposed inadvertently, letting abusers track down families - with migrants most at risk. Full story: The Observer.
CASES
B (Children) (Abduction: Consent: Oral Evidence) (Article 13(B)) [2022] EWCA Civ 1171 (19 August 2022)
Appeal by mother from order requiring children to be returned to Spain, on grounds that: the judge was wrong not to hear oral evidence for the purposes of determining whether the father had consented to the children's removal and, accordingly, that his finding that the father had not consented could not stand; and that the judge's approach to the determination of whether the mother had established a grave risk within the scope of Article 13(b) was flawed. Appeal allowed. Full report: Bailii.
B (Children) (Abduction: Consent: Oral Evidence) (Article 13(B)) [2022] EWCA Civ 1171 (19 August 2022)
Appeal by mother from order requiring children to be returned to Spain, on grounds that: the judge was wrong not to hear oral evidence for the purposes of determining whether the father had consented to the children's removal and, accordingly, that his finding that the father had not consented could not stand; and that the judge's approach to the determination of whether the mother had established a grave risk within the scope of Article 13(b) was flawed. Appeal allowed. Full report: Bailii.
X v Y [2022] EWFC 95 (15 August 2022)
Judgment in financial remedy proceedings, published in part to draw wider attention to the ability of dishonest parties to manufacture bank statements and other documents. Wife's capital claims adjourned generally with liberty to restore within ten years, in the light of the husband's failure to be transparent and clear as to his financial position. Full report: National Archives.
Judgment in financial remedy proceedings, published in part to draw wider attention to the ability of dishonest parties to manufacture bank statements and other documents. Wife's capital claims adjourned generally with liberty to restore within ten years, in the light of the husband's failure to be transparent and clear as to his financial position. Full report: National Archives.
X (Children) [2022] EWCA Civ 1167 (19 August 2022)
Judgment concerning appeals by both parents in long-running proceedings concerning their children, and application by father for permission to appeal from an order refusing the father's application for the equivalent of a legal services payment order in respect of the children proceedings. Full report: Bailii.
Judgment concerning appeals by both parents in long-running proceedings concerning their children, and application by father for permission to appeal from an order refusing the father's application for the equivalent of a legal services payment order in respect of the children proceedings. Full report: Bailii.
A, Re (Finding of Fact Hearing) [2022] EWFC 94 (03 August 2022)
Fact-finding in child arrangements proceedings, concerning mother's allegations of abusive and harassing behaviour by the father. Full report: Bailii.
A (A Minor), Re (Child Arrangements Order) [2022] EWFC 93 (04 July 2022)
Father's application for contact with 7 year old child, with issues relating to father's substance misuse and mental health difficulties. No direct contact ordered. Full report: Bailii.
J (A Minor), Re (Change of Interim Residence) [2022] EWFC 92 (28 June 2022)
Urgent application by father for change of residence of child born in 2016, following parental alienation on the part of the mother. Change of residence ordered. Full report: Bailii.
A Borough Council v N & Ors [2022] EWFC 91 (11 February 2022)
Simplified judgment in care and placement proceedings concerning two children aged 4 and 2. Full report: Bailii.
Warwickshire County Council v The Mother & Ors [2022] EWHC 2146 (Fam) (08 August 2022)
Care proceedings in respect of 2 girls, aged 12 and 10. Judgment concerning the consequences of parental alienation and whether an Interim Care Order in respect of older child should be continued in the light of her implacable hostility to her placement, and the highly detrimental impact that the interim care plan and her current situation is having on her welfare. Full report: Bailii.
Staffordshire County Council v K and L [2022] EWFC 51 (08 April 2022)
Application for an interim care order in respect of three children, all of whom were adopted in 2016. Judgment considering whether order should be made in respect of 2 younger children, it being agreed that an order should be made in respect of the eldest. Full report: Bailii.
Fact-finding in child arrangements proceedings, concerning mother's allegations of abusive and harassing behaviour by the father. Full report: Bailii.
A (A Minor), Re (Child Arrangements Order) [2022] EWFC 93 (04 July 2022)
Father's application for contact with 7 year old child, with issues relating to father's substance misuse and mental health difficulties. No direct contact ordered. Full report: Bailii.
J (A Minor), Re (Change of Interim Residence) [2022] EWFC 92 (28 June 2022)
Urgent application by father for change of residence of child born in 2016, following parental alienation on the part of the mother. Change of residence ordered. Full report: Bailii.
A Borough Council v N & Ors [2022] EWFC 91 (11 February 2022)
Simplified judgment in care and placement proceedings concerning two children aged 4 and 2. Full report: Bailii.
Warwickshire County Council v The Mother & Ors [2022] EWHC 2146 (Fam) (08 August 2022)
Care proceedings in respect of 2 girls, aged 12 and 10. Judgment concerning the consequences of parental alienation and whether an Interim Care Order in respect of older child should be continued in the light of her implacable hostility to her placement, and the highly detrimental impact that the interim care plan and her current situation is having on her welfare. Full report: Bailii.
Staffordshire County Council v K and L [2022] EWFC 51 (08 April 2022)
Application for an interim care order in respect of three children, all of whom were adopted in 2016. Judgment considering whether order should be made in respect of 2 younger children, it being agreed that an order should be made in respect of the eldest. Full report: Bailii.
Dance & Anor v Barts Health NHS Trust & Anor (Re Archie Battersbee) [2022] EWCA Civ 1106 (01 August 2022)
Application by parents for stay of decision to withdraw life support from child pending determination by the United Nations Commission for The Rights of People of Disability of the parents' complaint to them alleging breach of the convention's terms. Full report: Bailii.
Application by parents for stay of decision to withdraw life support from child pending determination by the United Nations Commission for The Rights of People of Disability of the parents' complaint to them alleging breach of the convention's terms. Full report: Bailii.
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