News Essentials: 17th September 2022


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

NEWS

Parents of dying baby “should have had adjournment” after lawyers withdrew
A High Court judge was wrong to refuse an adjournment sought by parents of a brain-damaged baby who lost their legal representation shortly before a hearing on withdrawing treatment, the Court of Appeal has ruled. Full story: Legal Futures.

Nagalro calls for the reinstatement of s1(5) Children and Families Act 2014
Nagalro argues that the adopters best placed to meet all of the needs of black children are those with a similar religious persuasion, racial origin and cultural and linguistic background. Full story: Family Law Week.

Police offering innovative means to help domestic abuse survivors
The BBC reports that domestic abuse victims in West Yorkshire are being helped to rebuild their lives with the use of forensic marker spray, provided by the police. Full story: Family Law Week.

Council did not do enough to support woman with SGO, Ombudsman finds
A Milton Keynes woman who agreed to care for a relative's child when they no longer could, is to be offered £30,000 after the Local Government and Social Care Ombudsman found the council did not do enough to help ease their overcrowded living conditions. Full story: Family Law Week.

Divorce and Financial remedy online: Factsheet published
HM Courts and Tribunal Service has published an updated factsheet explaining the Divorce and Financial remedy online service. Full story: Family Law Week.

International parental child abduction: Guidance for parents
Explains some options to consider and who to contact if your child has been taken or kept abroad by their other parent or a relative without your permission. Full story: Foreign, Commonwealth & Development Office.

CASES

Padia v Padia & Anor [2021] EWFC 69 (05 August 2021)
Application for a declaration as to whether or not the first respondent is the applicant's parent. Full report: Bailii.

Lincolnshire County Council v TGA & Ors [2022] EWHC 2323 (Fam) (17 August 2022)
Judgment considering whether a child was deprived of his liberty, and whether the testamentary guardians could consent to such a deprivation. Full report: Bailii.

A Local Authority v AA & Anor [2022] EWHC 2321 (Fam) (25 July 2022)
Judgment in care proceedings following fact-finding hearing concerning causation of injury to the child. Full report: Bailii.

AA v BB & Ors [2022] EWHC 2322 (Fam) (12 July 2022)
Applications by father for summary return of child to the USA and by local authority for a care order. Full report: Bailii.

Lincolnshire County Council v MS & Ors [2022] EWHC 2332 (Fam) (17 February 2022)
Fact-finding judgment in care proceedings, concerning cause of injuries to one of the children. Full report: Bailii.

A Local Authority v The Father & Anor [2021] EWHC 3806 (Fam) (01 December 2021)
Applications in relation to a 16-month-old child, including that he be made subject to a Special Guardianship Order in respect of his Maternal Grandparents, and that the Father ceases to have parental responsibility, having been charged with the murder of both the mother and of her older son. Full report: Bailii.

Hertfordshire County Council v Mother & Ors [2022] EWFC 107 (12 September 2022)
Care proceedings. Judgment concerning anonymisation of experts in the published decision of the court. Full report: Bailii.

Hertfordshire County Council v Mother & Ors [2022] EWFC 106 (12 September 2022)
Fact-finding hearing in care proceedings, concerning the cause of the injuries sustained by one of the children. Full report: Bailii.

A (A Child : Withdrawal of Treatment: Legal Representation) [2022] EWCA Civ 1221 (09 September 2022)
Appeal by parents from order authorising withdrawal of ventilation from child with brain injury, on ground that court refused to adjourn proceedings to allow the parents to be legally represented. Appeal allowed. Full report: Bailii.

A Local Authority v BB & Ors [2022] EWFC 105 (20 July 2022)
Fact-finding judgment in care proceedings, concerning cause of injuries to child. Held that the local authority had not proved any of the proposed findings that it sought. Full report: Bailii.

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