News Essentials: 22nd October 2022
A brief summary of the essential family law news and cases from the last week:
NEWS
A Deputy High Court judge has voiced concern after being told how a couple had to represent themselves in a complex case centred on the care of their teenage son because they were £36 over a legal aid limit. Full story: Care Appointments.
Family lawyers and judges “need menopause training”
A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”. Full story: Legal Futures.
Domestic abuse victims ‘at increased risk as they can’t afford to flee partners in cost crisis’
‘Facing a cost of living crisis without adequate government support is nothing less than state-sanctioned economic abuse, aiding and abetting abusers to rob victims of their freedom,’ campaigner says. Full story: The Independent.
A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”. Full story: Legal Futures.
Domestic abuse victims ‘at increased risk as they can’t afford to flee partners in cost crisis’
‘Facing a cost of living crisis without adequate government support is nothing less than state-sanctioned economic abuse, aiding and abetting abusers to rob victims of their freedom,’ campaigner says. Full story: The Independent.
Free legal advice expanded to help thousands more people at risk
Thousands of domestic abuse victims will be able to access free legal advice and representation under new changes to the legal aid system introduced today (17 October 2022). Full story: Ministry of Justice.
Thousands of domestic abuse victims will be able to access free legal advice and representation under new changes to the legal aid system introduced today (17 October 2022). Full story: Ministry of Justice.
Outsourced children’s care homes provide poorer quality care - Oxford study
For-profit children's homes provide poorer quality services for children in care than homes run by local authorities, according to research from the University of Oxford's Department for Social Policy and Intervention. Full story: Family Law Week.
For-profit children's homes provide poorer quality services for children in care than homes run by local authorities, according to research from the University of Oxford's Department for Social Policy and Intervention. Full story: Family Law Week.
CASES
Barclay v Barclay [2022] EWHC 2026 (Fam) (28 July 2022)
Hearing of three judgments summonses issued by wife in relation to husband's failure to comply with orders made for payment of monies. Full report: Bailii.
Re E (DOLs) [2022] EWHC 2650 (Fam) (19 October 2022)
Barclay v Barclay [2022] EWHC 2026 (Fam) (28 July 2022)
Hearing of three judgments summonses issued by wife in relation to husband's failure to comply with orders made for payment of monies. Full report: Bailii.
Re E (DOLs) [2022] EWHC 2650 (Fam) (19 October 2022)
Hearing of applications by local authority to extend DOLs provisions in relation to 17 year old, and by parents to discharge care order. Full report: National Archives.
CF v Secretary of State for Work and Pensions (Child support - child, Tribunal procedure and practice - evidence, Tribunal procedure and practice - fair hearing) [2022] UKUT 271 (AAC) (10 October 2022)
Father's appeal concerning issue of whether child was still a qualifying child, or had left full-time non-advanced education. Appeal allowed, on basis of FTT error of law. Full report: Bailii.
Guest and another (Appellants) v Guest (Respondent) [2022] UKSC 27 (19 October 2022)
Appeal by parents from proprietary estoppel award to son, concerning the proper basis for awarding remedies in such cases. Appeal allowed in part. Full report: Supreme Court.
Re A (Children) (Pool of perpetrators) [2022] EWCA Civ 1348 (17 October 2022)
Appeal by father against findings of fact in care proceedings, considering judge’s approach to the ‘pool of perpetrators’. Appeal allowed. Full report: National Archives.
AB v CD [2022] EWFC 116 (29 July 2022)
Application by H to set aside a consent order made in financial remedy proceedings in 2016, on the basis that, in relation to a sale of shares, W had fraudulently misrepresented the facts and/or had deliberately failed to disclose the true facts to him and the court. Application struck out. Full report: Bailii.
F v M & Ors [2022] EWFC 124 (18 October 2022)
Fact-finding hearing to deal with allegations made by both parties, in the context of Children Act and Family Law Act proceedings. Full report: National Archives.
de Renee v Galbraith-Marten [2022] EWFC 118 (18 October 2022)
Applications by father to extend an extended civil restraint order, and by mother to issue an application under Schedule 1 to the Children Act 1989. Full report: Bailii.
ADK v ASI [2022] EWHC 2610 (Fam) (17 October 2022)
Application by father for summary return of children to Latvia. Return ordered after 8 weeks, to be stayed until a further hearing if within that time the Mother obtains an order in Latvia permitting the children to remain in England. Full report: National Archives.
OLGA CAZALET (otherwise ANGELA JILINA) v WALID ABU-ZALAF [2022] EWFC 119 (17 October 2022)
Application by wife to rescind decree nisi pronounced in 2013, dismiss petition, and set aside financial order made in 2014, so that she can issue fresh divorce proceedings, and by husband to make decree nisi absolute. Wife's application dismissed, and husband's granted. Full report: National Archives.
Abigail Lee Hammond v David Frederick Downing [2022] EWFC 122 (5 October 2022)
Committal application relating to alleged breaches of non-molestation order. Judgment setting out findings of fact. Full report: National Archives.
JWK v DAW [2022] EWHC 2597 (Fam) (29 July 2022)
Application by mother for summary return of child to the Czech Republic. Includes note on relevant law, including habitual residence, consent/acquiescence, and Art 13(b). Full report: Bailii.
CF v Secretary of State for Work and Pensions (Child support - child, Tribunal procedure and practice - evidence, Tribunal procedure and practice - fair hearing) [2022] UKUT 271 (AAC) (10 October 2022)
Father's appeal concerning issue of whether child was still a qualifying child, or had left full-time non-advanced education. Appeal allowed, on basis of FTT error of law. Full report: Bailii.
Guest and another (Appellants) v Guest (Respondent) [2022] UKSC 27 (19 October 2022)
Appeal by parents from proprietary estoppel award to son, concerning the proper basis for awarding remedies in such cases. Appeal allowed in part. Full report: Supreme Court.
Re A (Children) (Pool of perpetrators) [2022] EWCA Civ 1348 (17 October 2022)
Appeal by father against findings of fact in care proceedings, considering judge’s approach to the ‘pool of perpetrators’. Appeal allowed. Full report: National Archives.
AB v CD [2022] EWFC 116 (29 July 2022)
Application by H to set aside a consent order made in financial remedy proceedings in 2016, on the basis that, in relation to a sale of shares, W had fraudulently misrepresented the facts and/or had deliberately failed to disclose the true facts to him and the court. Application struck out. Full report: Bailii.
F v M & Ors [2022] EWFC 124 (18 October 2022)
Fact-finding hearing to deal with allegations made by both parties, in the context of Children Act and Family Law Act proceedings. Full report: National Archives.
de Renee v Galbraith-Marten [2022] EWFC 118 (18 October 2022)
Applications by father to extend an extended civil restraint order, and by mother to issue an application under Schedule 1 to the Children Act 1989. Full report: Bailii.
ADK v ASI [2022] EWHC 2610 (Fam) (17 October 2022)
Application by father for summary return of children to Latvia. Return ordered after 8 weeks, to be stayed until a further hearing if within that time the Mother obtains an order in Latvia permitting the children to remain in England. Full report: National Archives.
OLGA CAZALET (otherwise ANGELA JILINA) v WALID ABU-ZALAF [2022] EWFC 119 (17 October 2022)
Application by wife to rescind decree nisi pronounced in 2013, dismiss petition, and set aside financial order made in 2014, so that she can issue fresh divorce proceedings, and by husband to make decree nisi absolute. Wife's application dismissed, and husband's granted. Full report: National Archives.
Abigail Lee Hammond v David Frederick Downing [2022] EWFC 122 (5 October 2022)
Committal application relating to alleged breaches of non-molestation order. Judgment setting out findings of fact. Full report: National Archives.
JWK v DAW [2022] EWHC 2597 (Fam) (29 July 2022)
Application by mother for summary return of child to the Czech Republic. Includes note on relevant law, including habitual residence, consent/acquiescence, and Art 13(b). Full report: Bailii.
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