News Essentials: 5th November 2022

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

NEWS

Divorces in England and Wales: 2021
Annual divorce numbers and rates, by duration of marriage, sex and to whom granted and reason. Full story: Office for National Statistics.

Government rejects call to reform law for cohabiting partners
The Women and Equalities Committee Chair Caroline Nokes has criticised the Government’s rejection of a recommendation to reform cohabitation law, saying it relies on “flawed logic” and “risks leaving a growing number of cohabitants and children vulnerable.” Full story: Women and Equalities Committee.

Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?
The Worcestershire High Sheriff’s Lecture 2022 at The University of Worcester. Full speech: Courts and Tribunals Judiciary.

Data from first three months of DoLs court published by Nuffield Family Justice Observatory
The Nuffield Family Justice Observatory has published a briefing highlighting high-level data trends from the national deprivation of liberty (DoLs) court during July to September 2022. Full story: Family Law Week.

Children in need at highest number since 2018
As at 31 March 2022 there were 404,310 children in need in England. This is the highest number since 2018 and is up 4.1 per cent from 2021 and up 3.9 per cent from 2020. Full story: Family Law Week.

Urgent action needed to protect children with disabilities from abuse
A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at three residential special schools registered as children's homes. Full story: Family Law Week.

CASES

Y & Anor. v V & Ors. [2022] EWFC 120 (13 October 2022)
Application for a parental order in relation to two children born as a result of a surrogacy agreement, by same-sex couple currently living with the children in Thailand. Parental order made. Full report: National Archives.

A Local Authority v Mother & Ors [2022] EWHC 2793 (Fam) (06 May 2022)
Applications by parents to re-open fact-finding judgment in care proceedings, regarding cause of child's head injury. Application granted. Full report: Bailii.

Nazia Parveen v Assim Balal Hussain [2022] EWCA Civ 1434 (4 November 2022)
Appeal by wife from determination that her marriage to the husband was void because her previous marriage “remains undissolved by operation of law” in England and Wales. Held that the marriage was valid. Full report: National Archives.

Tony Stacey v Lucy McNicholas [2022]EWHC 278 (Fam) (2 November 2022)
Appeal by father from order made under Schedule 1 Children Act to provide series of lump sums for rent arising due to late payment of a housing fund, on ground that it contravened s.8(3) CSA 1991. Appeal dismissed. Full report: National Archives.

Laila Boughajdim v Akka (Alan) Slimane Hayoukane [2022] EWHC 2673 (Fam) (21 October 2022)
Judgment considering whether Moroccan marriage should be recognised, to enable wife's divorce petition to proceed. Held that it should. Full report: National Archives.

Robert McCarren v Paul Ireland [2022] EWFC 113 (10 October 2022)
Application by solicitor for mother in Children Act proceedings to strike out application by father to commit solicitor for contempt of court for allegedly disclosing certain documents arising from family proceedings without the permission of the court. Contempt application struck out. Full report: National Archives.

CM v IP [2022] EWHC 2755 (Fam) (02 August 2022)
Appeal by mother from order in contact proceedings, on grounds that judge was wrong in failing to implement participatory directions to assist the mother, a complainant of domestic abuse, to give her best evidence, and in refusing to determine her allegations of abuse relevant to welfare decisions in respect of contact. Appeal allowed. Full report: Bailii.

B (A Child) [2022] EWCA Civ 1439 (2 November 2022)
Appeal by mother from case management order in private law proceedings that provided that allegations of domestic abuse should not be investigated at a final hearing. Appeal allowed in part. Full report: National Archives.

A Local Authority v F and Ors [2022] EWFC 127 (2 November 2022)
Final hearing of care proceedings, in which the father had been found guilty of murdering the mother of two of the children. Full report: National Archives.

HA v WA & Anor [2022] EWFC 110 (27 September 2022)
Judgment in financial remedy proceedings, dealing with issue of ownership of two flats, which the wife claimed were owned by her brother. Full report: National Archives.

X (Child Abduction: Habitual Residence) [2022] EWCA Civ 1423 (01 November 2022)
Appeal by mother from order for the summary return of child to Germany, raising issues relating to consent and the child's habitual residence. Appeal allowed. Full report: Bailii.

Nicolaisen v Nicolaisen [2022] EWFC 70 (01 July 2022)
Judgment considering issue of jurisdiction in relation to wife's divorce petition, there also being proceedings continuing in Norway. Full report: Bailii.

C (A Child) (Parental Order & Child Arrangements Order No. 4) [2022] EWHC 2501 (Fam) (26 May 2022)
Final welfare hearing in child arrangements proceedings, dealing with various issues, including the mother's contact with the child. Full report: Bailii.

C (A Child) (Parental Order & Child Arrangements Order No. 3) [2021] EWHC 3045 (Fam) (15 November 2021)
Child arrangements proceedings. Hearing dealing primarily with issue of whether the child should remain living with his father. Full report: Bailii.