News Essentials: 8th October 2022
A brief summary of the essential family law news and cases from the last week:
NEWS
An English court has agreed that a British solicitor working in the United Arab Emirates for 14 years may file divorce proceedings in his adopted home. Full story: Law Society Gazette.
Mediation should no longer be the focus of divorce information meetings and they should be run by “generalist” lawyers and social workers as well as mediators, the president of the Family Division has argued. Full story: Legal Futures.
Teen held in hospital for months due to lack of secure children’s home place
Case at family court highlights lack of facilities in England for very vulnerable youngsters. Full story: The Guardian.
Privy Council determines estoppel and constructive trust appeal
The Judicial Committee of the Privy Council has dismissed an appeal from the Court of Appeal of Trinidad and Tobago which had allowed the respondent to enforce an historic consent order made in settlement of matrimonial proceedings between her deceased parents in order to obtain title to a property. Full story: Family Law Week.
Freestanding port alert orders - Advisory notice
Mr Justice Peel, Judge in Charge of Standard Orders, has made the following announcement with the authority of the President of the Family Division. Full story: Family Law Week.
Child Safeguarding Practice Review Panel publishes paper about bruising to children
The Child Safeguarding Practice Review Panel has published a briefing paper exploring the current guidance on the management of bruising in non-mobile infants in the light of published evidence and variations in practice. Full story: Family Law Week.
First data from the national DoLs court published
In the first two months of the national DoLs court, there were 237 applications - 101 in July and 136 in August. Full story: Family Law Week.
Multi-agency safeguarding and domestic abuse paper published
The Child Safeguarding Practice Review Panel has published a paper setting out key findings from reviews where domestic abuse featured. Full story: Family Law Week.
Women’s Aid responds to Justice Committee’s report on the draft Victims Bill
Women's Aid has welcomed the Commons Justice Committee's report into the draft Victims Bill. Full story: Family Law Week.
Child Safeguarding Panel publishes paper into bruising in non-mobile infants
Last week the Child Safeguarding Practice Review Panel published a briefing paper exploring current guidance on the management of bruising in non-mobile infants. Full story: Family Law Week.
Cafcass brings four family courts out of the prioritisation protocol immediately
On 30 September 2022 Cafcass announced that four family courts will no longer be subject to its 'prioritisation protocol' effective immediately. Full story: Family Law Week.
Privy Council determines estoppel and constructive trust appeal
The Judicial Committee of the Privy Council has dismissed an appeal from the Court of Appeal of Trinidad and Tobago which had allowed the respondent to enforce an historic consent order made in settlement of matrimonial proceedings between her deceased parents in order to obtain title to a property. Full story: Family Law Week.
Freestanding port alert orders - Advisory notice
Mr Justice Peel, Judge in Charge of Standard Orders, has made the following announcement with the authority of the President of the Family Division. Full story: Family Law Week.
Child Safeguarding Practice Review Panel publishes paper about bruising to children
The Child Safeguarding Practice Review Panel has published a briefing paper exploring the current guidance on the management of bruising in non-mobile infants in the light of published evidence and variations in practice. Full story: Family Law Week.
First data from the national DoLs court published
In the first two months of the national DoLs court, there were 237 applications - 101 in July and 136 in August. Full story: Family Law Week.
Multi-agency safeguarding and domestic abuse paper published
The Child Safeguarding Practice Review Panel has published a paper setting out key findings from reviews where domestic abuse featured. Full story: Family Law Week.
Women’s Aid responds to Justice Committee’s report on the draft Victims Bill
Women's Aid has welcomed the Commons Justice Committee's report into the draft Victims Bill. Full story: Family Law Week.
Child Safeguarding Panel publishes paper into bruising in non-mobile infants
Last week the Child Safeguarding Practice Review Panel published a briefing paper exploring current guidance on the management of bruising in non-mobile infants. Full story: Family Law Week.
Cafcass brings four family courts out of the prioritisation protocol immediately
On 30 September 2022 Cafcass announced that four family courts will no longer be subject to its 'prioritisation protocol' effective immediately. Full story: Family Law Week.
CASES
Birmingham City Council v Mother & Ors [2022] EWHC 2506 (Fam) (9 August 2022)
Case management decision in public law proceedings, considering whether brothers should give evidence, and how to deal with allegations made against two other children. Full report: National Archives.
Birmingham City Council v Mother & Ors [2022] EWHC 2506 (Fam) (9 August 2022)
Case management decision in public law proceedings, considering whether brothers should give evidence, and how to deal with allegations made against two other children. Full report: National Archives.
XO v YO & Anor [2022] EWFC 114 (22 September 2022)
Final hearing of wife's financial remedies application, in high-money case involving issues relating to foreign property, the husband's business interests, sharing/needs and conduct. Full report: National Archives.
SA v FA [2022] EWFC 115 (9 September 2022)
Divorce proceedings, in which both parties were living in the UAE. Judgment concerning issue of domicile. Held that the appropriate forum was the UAE. Full report: National Archives.
Final hearing of wife's financial remedies application, in high-money case involving issues relating to foreign property, the husband's business interests, sharing/needs and conduct. Full report: National Archives.
SA v FA [2022] EWFC 115 (9 September 2022)
Divorce proceedings, in which both parties were living in the UAE. Judgment concerning issue of domicile. Held that the appropriate forum was the UAE. Full report: National Archives.
CAMPANELLI v. RUSSIA - 35474/20 (Judgment : Article 8 - Right to respect for private and family life : Third Section Committee) [2022] ECHR 761 (04 October 2022)
Complaint under Article 8 concerning the refusal of the Russian authorities to return the applicant’s son to Italy. Held there had been a breach of Article 8. Full report: Bailii.
Emma and Fiona (Children : care proceedings) [2022] EWFC 109 (25 May 2022)
Care proceedings concerning two children. Fact-finding hearing to determine the causation of injuries that younger child suffered. Full report: Bailii.
Complaint under Article 8 concerning the refusal of the Russian authorities to return the applicant’s son to Italy. Held there had been a breach of Article 8. Full report: Bailii.
Emma and Fiona (Children : care proceedings) [2022] EWFC 109 (25 May 2022)
Care proceedings concerning two children. Fact-finding hearing to determine the causation of injuries that younger child suffered. Full report: Bailii.
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