News Essentials: 19th November 2022
A brief summary of the essential family law news and cases from the last week:
NEWS
Children languishing in unsuitable settings owing to severe shortage of secure placements. Full story: The Guardian.
‘Honour-based’ abuse inquiry launched by Commons Select Committee
The House of Commons Women and Equalities Committee has launched an inquiry into so-called honour-based abuse, as part of its work on preventing violence against women and girls. Full story: Family Law Week.
A party may be permitted to withhold their address in proceedings
Civil Procedure Rule 6.23(1) (address for service to be given after proceedings are started) has been amended so that the court can agree that a party can withhold their address in proceedings. Full story: Family Law Week.
The Child Abduction Lawyers Association Duty Scheme
The Association of Lawyers for Children reports that the Child Abduction Lawyers Association have set up a Duty Scheme aimed at helping litigants in person, in any shape or form, in proceedings in the High Court. Full story: Family Law Week.
‘Unqualified experts’ should not have role in child welfare cases, court told
Mother’s appeal raises questions over how family courts in England and Wales deal with policy and regulation of psychological ‘experts in alienation’. Full story: The Observer.
CASES
TF v DL & Ors [2022] EWFC 139 (7 October 2022)
Judgment in private law case in which the father made 13 meritless applications, which were found to amount to litigation abuse. Five year barring order made. Full report: National Archives.
TF v DL & Ors [2022] EWFC 139 (7 October 2022)
Judgment in private law case in which the father made 13 meritless applications, which were found to amount to litigation abuse. Five year barring order made. Full report: National Archives.
Re AG (A Child) [2022] EWCA Civ 1505 (18 November 2022)
Appeal by child from refusal of Divisional Court to declare that diplomatic immunity provisions are incompatible with Art 3 ECHR. Appeal dismissed. Full report: National Archives.
Appeal by child from refusal of Divisional Court to declare that diplomatic immunity provisions are incompatible with Art 3 ECHR. Appeal dismissed. Full report: National Archives.
YC v ZC [2022] EWFC 137 (17 October 2022)
Final hearing of financial remedy proceedings. Departure from equality based on the provision of an adequate Duxbury fund for the wife. Full report: National Archives.
Lancashire County Council v M & Ors [2022] EWHC 2900 (Fam) (27 October 2022)
Application by local authority for permission to withdraw care proceedings in relation to a 13 year old suffering from multi-system problems, arising from a rare gene mutation. Full report: National Archives.
Paul Clifford Goodyear v The Executors of the Estate of Heather Goodyear [2022] EWFC 96
This case concerned the applicant husband’s application to set aside a pension sharing order further to his ex-wife’s death. Consideration was given to the “hybrid” nature of pensions and whether a spouse’s death would satisfy the “Barder” test in respect of a pension sharing order. Full report: National Archives, via Family Law Week.
C, Re [2022] EWFC 138 (28 September 2022)
Fact-finding judgment in private law proceedings, concerning allegations that the father had sexually abused the child, including judicial criticism of the process and time taken to resolve. Full report: Bailii.
Barclay v Barclay [2021] EWFC 117 (30 March 2021)
Final hearing of wife's financial remedies claim, in high-money case following long marriage, in which most of the assets were held in trusts, of which the husband was a beneficiary. Wife awarded £100m. Full report: Bailii.
Fuchs v Collardeau-Fuchs [2022] EWFC 45 (26 April 2022)
Application by wife to enforce order for maintenance pending suit and to vary the order. Full report: Bailii.
CMX v EJX (French Marriage Contract) [2022] EWFC 136 (2 November 2022)
Final hearing of wife's financial remedies application, including finding that the Radmacher test for upholding a French marriage contract was satisfied. Full report: National Archives.
Alvina Collardeau-Fuchs v Michael Fuchs [2022] EWFC 135 (14 November 2022)
Financial remedies judgment, concerning entitlement of wife under a prenuptial agreement and quantum of child support to be awarded to the wife for the benefit of the children, and whether the award should be secured. Full report: National Archives.
PP v Secretary of State for Work and Pensions and SP (CSM) (Child support - variation/departure directions: diversion of income - Tribunal procedure and practice - fair hearing) [2022] UKUT 286 (AAC) (01 November 2022)
Appeal by NRP from FTT decision concerning, inter alia, diversion of income variation & unearned income variation. Appeal allowed. Full report: Bailii.
Final hearing of financial remedy proceedings. Departure from equality based on the provision of an adequate Duxbury fund for the wife. Full report: National Archives.
Lancashire County Council v M & Ors [2022] EWHC 2900 (Fam) (27 October 2022)
Application by local authority for permission to withdraw care proceedings in relation to a 13 year old suffering from multi-system problems, arising from a rare gene mutation. Full report: National Archives.
Paul Clifford Goodyear v The Executors of the Estate of Heather Goodyear [2022] EWFC 96
This case concerned the applicant husband’s application to set aside a pension sharing order further to his ex-wife’s death. Consideration was given to the “hybrid” nature of pensions and whether a spouse’s death would satisfy the “Barder” test in respect of a pension sharing order. Full report: National Archives, via Family Law Week.
C, Re [2022] EWFC 138 (28 September 2022)
Fact-finding judgment in private law proceedings, concerning allegations that the father had sexually abused the child, including judicial criticism of the process and time taken to resolve. Full report: Bailii.
Barclay v Barclay [2021] EWFC 117 (30 March 2021)
Final hearing of wife's financial remedies claim, in high-money case following long marriage, in which most of the assets were held in trusts, of which the husband was a beneficiary. Wife awarded £100m. Full report: Bailii.
Fuchs v Collardeau-Fuchs [2022] EWFC 45 (26 April 2022)
Application by wife to enforce order for maintenance pending suit and to vary the order. Full report: Bailii.
CMX v EJX (French Marriage Contract) [2022] EWFC 136 (2 November 2022)
Final hearing of wife's financial remedies application, including finding that the Radmacher test for upholding a French marriage contract was satisfied. Full report: National Archives.
Alvina Collardeau-Fuchs v Michael Fuchs [2022] EWFC 135 (14 November 2022)
Financial remedies judgment, concerning entitlement of wife under a prenuptial agreement and quantum of child support to be awarded to the wife for the benefit of the children, and whether the award should be secured. Full report: National Archives.
PP v Secretary of State for Work and Pensions and SP (CSM) (Child support - variation/departure directions: diversion of income - Tribunal procedure and practice - fair hearing) [2022] UKUT 286 (AAC) (01 November 2022)
Appeal by NRP from FTT decision concerning, inter alia, diversion of income variation & unearned income variation. Appeal allowed. Full report: Bailii.
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