News Essentials: 6th August 2022

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

NEWS

'Myth' of 'common law marriage' leaves disadvantaged groups disproportionately at risk
A group of cross-party MPs is demanding reforms to laws which leave cohabiting couples with 'inferior' protections to those who have formally married or have obtained a civil partnership. Full story: House of Commons Women and Equalities Committee.

Judge dismisses bid by council for unadmitted allegations to be tried, saying it would be “deplorable waste of resources”
A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen. Full story: Local Government Lawyer.

Forced Marriage Unit publishes statistics as to number of cases reported in 2021
Last week, the Forced Marriage Unit published statistics as to the number of cases reported to it through its public helpline and email inbox during 2021. Full story: Family Law Week.

Court-appointed expert can be named in ‘parental alienation’ case
Observer victory after judge rules in transparency battle in family courts in England and Wales. Full story: The Observer.

CASES

W-A (Children : Foreign Conviction) [2022] EWCA Civ 1118 (05 August 2022)
Appeal by mother's husband in care proceedings from ruling that his conviction for sexual offences against a child in a Spanish court is admissible in the care proceedings as evidence with presumptive weight. Appeal dismissed. Full report: Bailii.

S, Re (A Child) [2022] EWHC 2053 (Fam) (27 July 2022)
Judgment considering welfare arrangements for child brought to this country from Portugal without the mother's consent, the mother having been stranded in Pakistan. Full report: Bailii.

X, Re (Temporary Removal: Non-Hague Country) [2021] EWHC 3778 (Fam) (08 October 2021)
Application by father for leave to temporarily remove child to Saudi Arabia. Leave refused. Full report: Bailii.

WX v YZ [2021] EWHC 3725 (Fam) (08 December 2021)
Judgment considering arrangements for children, following the mother moving them to the UK from Dubai. Full report: Bailii.

YP v XP [2022] EWHC 1954 (Fam) (22 March 2022)
Application by father for summary return of his daughter to France. Return ordered, despite mother's Art 13(b) defence. Full report: Bailii.

GF v GM [2022] EWFC 85 (05 April 2022)
Judgment following 4-day fact-finding hearing in private law proceedings, to consider mother's allegations of abuse and in particular a risk of ‘sexual abuse of the children’. No findings made. Full report: Bailii.

S (Children) (Withholding Evidence) [2022] EWFC 76 (30 March 2022)
Application by mother in public law proceedings to limit the documentation filed which should be given to the father, on the basis that he would use the information that is personal to her to undermine her and the children. Full report: Bailii.

F v M [2022] EWFC 74 (07 February 2022)
Appeal by mother in private law proceedings from decision not to include allegation of non-consensual sexual touching as an issue to be determined in fact-finding process. Appeal allowed. Full report: Bailii.

M v MGM & Anor [2022] EWFC 72 (11 March 2022)
Application by mother for leave to discharge a special guardianship order. Application refused. Full report: Bailii.

F v M & Ors [2022] EWFC 89 (15 June 2022)
Child arrangements. Children moved from mother to father, after finding that mother had alienated them against father. Application by mother to reopen final hearing, on the basis that the jointly instructed expert on parental alienation who reported in the main case was not appropriately qualified, and that too much weight was attached to her report. Application refused. Consideration also given to naming of expert. Full report: National Archives.