News Essentials: 12th November 2022
A brief summary of the essential family law news and cases from the last week:
NEWS
The government has been urged to ensure sufficient judicial capacity to deal with the family court backlog - which has topped 110,000, latest HM Courts & Tribunals Service figures reveal. Full story: Law Society Gazette.
Domestic Abuse Commissioner writes to Chancellor of Exchequer
On 3 November 2022 the Domestic Abuse Commissioner reported that she had written to the Chancellor of Exchequer calling for urgent and immediate action to alleviate the 'national emergency' arising from the cost of living crisis for domestic abuse victims and for the services that support them. Full story: Family Law Week.
Public Law Working Group releases the Interim Supervision Order Report for consultation
The Public Law Working Group is consulting on proposals to law, policy and practice in relation to supervision orders made at the conclusion of care proceedings to support the child to live with a parent(s). Full story: Family Law Week.
Public Law - new rules for bundles from 1 January 2023
From 1 January 2023, there will be national changes in the way that hearing bundles need to be prepared in public law cases. Full story: Family Law Week.
On 3 November 2022 the Domestic Abuse Commissioner reported that she had written to the Chancellor of Exchequer calling for urgent and immediate action to alleviate the 'national emergency' arising from the cost of living crisis for domestic abuse victims and for the services that support them. Full story: Family Law Week.
Public Law Working Group releases the Interim Supervision Order Report for consultation
The Public Law Working Group is consulting on proposals to law, policy and practice in relation to supervision orders made at the conclusion of care proceedings to support the child to live with a parent(s). Full story: Family Law Week.
Public Law - new rules for bundles from 1 January 2023
From 1 January 2023, there will be national changes in the way that hearing bundles need to be prepared in public law cases. Full story: Family Law Week.
CASES
Oxfordshire County Council v JN & Anor [2022] EWHC 2794 (Fam) (01 July 2022)
Application by local authority for declaration of age in relation to child who arrived from Uganda. Full report: Bailii.
Oxfordshire County Council v JN & Anor [2022] EWHC 2794 (Fam) (01 July 2022)
Application by local authority for declaration of age in relation to child who arrived from Uganda. Full report: Bailii.
X & Anor. v B & Anor. [2022] EWFC 129 (28 October 2022)
Application for a parental order in relation to child born as a result of a surrogacy arrangement, by two men who do not live together. Parental order made. Full report: National Archives.
J v H [2022] EWFC 133 (9 November 2022)
Application by H for a freezing order in respect of W's assets in this jurisdiction. Application dismissed. Full report: National Archives.
KM (A CHILD : JURISDICTION : HABITUAL RESIDENCE), Re [2022] EWFC 132 (03 February 2022)
Application to determine jurisdiction in respect of care proceedings relating to a teenaged child who came to this country in July 2020. Full report: Bailii.
ARQ v YAQ [2020] EWFC 128 (19 May 2022)
Final hearing of financial remedies applications. 15 year marriage. £112m assets divided 60:40 in favour of H, in light of pre-marital assets brought to the marriage by him. Full report: Bailii.
VERES v. SPAIN - 57906/18 (Judgment : Article 8 - Right to respect for private and family life : Third Section) [2022] ECHR 932 (08 November 2022)
Application by father concerning an alleged violation of Article 8 as a result of the excessive length of the recognition and enforcement proceedings in Spain in respect of a Hungarian court decision ordering the mother to return their daughter to Hungary from Spain. Held that there had been a violation of Art 8. Full report: Bailii.
S (A Child : Costs), Re [2022] EWHC 2604 (Fam) (26 September 2022)
Application for costs by mother in children proceedings. Costs order made, in light of unreasonable litigation conduct by father. Full report: Bailii.
X v Y [2022] EWHC 2096 (Fam) (26 July 2022)
Application by mother for summary return of child to Germany, where the mother and children were staying, having taken refuge there from the war in Ukraine. Return ordered. Full report: Bailii.
Application for a parental order in relation to child born as a result of a surrogacy arrangement, by two men who do not live together. Parental order made. Full report: National Archives.
J v H [2022] EWFC 133 (9 November 2022)
Application by H for a freezing order in respect of W's assets in this jurisdiction. Application dismissed. Full report: National Archives.
KM (A CHILD : JURISDICTION : HABITUAL RESIDENCE), Re [2022] EWFC 132 (03 February 2022)
Application to determine jurisdiction in respect of care proceedings relating to a teenaged child who came to this country in July 2020. Full report: Bailii.
ARQ v YAQ [2020] EWFC 128 (19 May 2022)
Final hearing of financial remedies applications. 15 year marriage. £112m assets divided 60:40 in favour of H, in light of pre-marital assets brought to the marriage by him. Full report: Bailii.
VERES v. SPAIN - 57906/18 (Judgment : Article 8 - Right to respect for private and family life : Third Section) [2022] ECHR 932 (08 November 2022)
Application by father concerning an alleged violation of Article 8 as a result of the excessive length of the recognition and enforcement proceedings in Spain in respect of a Hungarian court decision ordering the mother to return their daughter to Hungary from Spain. Held that there had been a violation of Art 8. Full report: Bailii.
S (A Child : Costs), Re [2022] EWHC 2604 (Fam) (26 September 2022)
Application for costs by mother in children proceedings. Costs order made, in light of unreasonable litigation conduct by father. Full report: Bailii.
X v Y [2022] EWHC 2096 (Fam) (26 July 2022)
Application by mother for summary return of child to Germany, where the mother and children were staying, having taken refuge there from the war in Ukraine. Return ordered. Full report: Bailii.
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