26.03.2024 - Here is this week's family law round-up

News Stories

Family judge tells divorcing couples to use ADR before going to court

A Family Court judge has told divorcing couples that the court expects them to make “a serious effort” to resolve their differences before issuing proceedings. Full story: Legal Futures.

Police abuse hotline is a start but forces must properly deal with complaints, says Commissioner

The Domestic Abuse Commissioner has responded to the announcement of a new national line to root out corruption and abuse within the police. Full story: Domestic Abuse Commissioner.

Domestic Abuse Commissioner launches platform to raise voices of victims and survivors of domestic abuse

The Domestic Abuse Commissioner, Nicole Jacobs launches VOICES, a virtual platform for victims and survivors of domestic abuse to influence change to improve the lives of other victims and survivors of domestic abuse. Full story: Domestic Abuse Commissioner.

Victims given greater access to justice through legal aid reform

Better access to legal aid for vulnerable groups, including domestic abuse victims. Full story: Ministry of Justice.

Family Presiding Judges named for South Eastern (London) and Northern Circuits

The Lady Chief Justice, with the concurrence of the Lord Chancellor, has appointed Family Presiding Judges for the South Eastern (London) and Northern Circuits. Full story: Local Government Lawyer.

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application

A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs. Full story: Local Government Lawyer.

MP seeks ban on domestic abusers seeing their kids

Conservative MP for Burton Kate Kniveton is calling on the government to change the law to bring about a presumption of no contact between an abusive parent and their children. Full story: BBC News.

Suicide toll prompts call for more support for UK domestic abuse victims

Project finds police recorded 93 suspected domestic abuse-related suicides in a year – one every four days. Full story: The Guardian.

Plans to release prisoners early ‘endangers domestic abuse victims’

‘Victims should not pay the price for prison overcrowding,’ Domestic Abuse Commissioner says. Full story: The Independent.

Recently Reported Cases

Adoption

• Appeal by adoption applicant against refusal of application for a transcript of the hearing, the court having refused his request to attend the hearing. Appeal allowed. T, Re (Adoption Hearing: Involvement of Applicants) [2024] EWCA Civ 189 (23 February 2024): Bailii.

Child Abduction

• Fact-finding hearing within application by father for return of children from India. Mother's allegations of abuse by the father found to be true. SM v PM [2023] EWHC 3446 (Fam) (06 July 2023): Bailii.

• Application by mother for summary return of 3 children to Israel. Protective measures proposed by mother meant that father's Art 13(b) defence that the return would put the children at grave risk of harm was not established. Return therefore ordered. T v L (1980 Hague Abduction Convention: Article 13b: Evaluating Evidence of Risk) [2023] EWHC 3455 (Fam) (21 April 2023): Bailii.

Child Arrangements

• Appeal by father in private law proceedings from an order permitting relevant evidence (information the child had disclosed to a mental health nurse) to be withheld from him. Appeal allowed. T (Children: Non-Disclosure) [2024] EWCA Civ 241 (18 March 2024): Bailii.

• Proceedings concerning whether child should remain with father in England or return to mother in France. Held that he should remain with father and have supervised contact with mother. U, Re (Welfare) [2024] EWHC 583 (Fam) (28 February 2024): Bailii. See also fact-finding judgment here, and judgment regarding recognition and enforcement of orders made in France, here.

• Fact-finding hearing in child arrangements proceedings. Mother's allegations of abuse by the father found proved. A, B. C & D, Re (Finding of Fact) [2024] EWFC 53 (11 March 2024): Bailii.

• Application by father in private law proceedings for fact-finding judgment, in which the court found that the mother had been disrupting the father's relationship with the children, to be published. Held that it should not be published. A, B & C, In the Matter Of [2024] EWFC 25 (09 February 2024): Bailii.

• Fact-finding hearing in child arrangements proceedings. Mother's allegations of abuse by father found to be proved. M v F [2024] EWFC 55 (13 March 2024): Bailii.

Children Care Cases

• Application by mother in care proceedings for consideration of how she is to attend court at upcoming hearings, in circumstances where she is currently barred from doing so as a result of a risk assessment carried out pursuant to the HMCTS Protocol for Managing Potentially Violent People (“PVP Protocol”). Mother permitted to attend, subject to certain safety measures. A Local Authority v D & Ors [2024] EWFC 61 (19 March 2024): National Archives.

• Fact-finding hearing in care proceedings issued following death of sibling. Findings included that the child died as a result of the gross neglect of the stepfather. Z, Re (Infant Fatality) [2024] EWHC 618 (Fam) (18 March 2024): Bailii.

• Care proceedings concerning a 14 year old girl who had made allegations that she had been sexually abused by family members. The court assessed her to be at risk of sexual and physical abuse and assessed the mother and the father as being unable to protect her from that risk. Court approved care plan of removal from her parents' care and placement in foster care, but after that placement broke down the local authority pursued a plan for her to be cared for by her mother. Luton Borough Council v R & Ors [2024] EWFC 52 (13 March 2024): Bailii.

• Fact-finding hearing in care proceedings, which were issued following concerns about fabricated or induced illness. All allegations against parents found to be true. London Borough of Newham v A Mother & Ors [2024] EWFC 51 (21 July 2023): Bailii.

• Care proceedings, issued over concerns that the mother, who suffers from serious disabilities, is not able to provide the level of care that the child requires. Care order made, child to stay in foster care and mother to have monthly supervised contact. R, Re (A Parent with Disabilities) [2024] EWFC 47 (26 January 2023): Bailii.

• Case concerning 16 year old boy beyond parental control. Care and deprivation of liberty orders made. YR, Re (Deprivation of Liberty - Care Order - Principles of Care) [2024] EWHC 564 (Fam) (12 March 2024): Bailii.

Divorce Finances

• Application by wife for leave to bring claim for financial relief following divorce in Malaysia, in order to give her the opportunity to pursue a fairer outcome. Application dismissed. AS v RS (Matrimonial and Family Proceedings Act: Part III Application) [2023] EWFC 283 (18 July 2023): Bailii.

• Preliminary judgment in financial remedy proceedings considering whether 2 properties were matrimonial property. Held that the husband was solely beneficially entitled to one property and that his brother was solely beneficially entitled to the other. AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 54 (05 March 2024): Bailii.

• Judgment in case where the parties had agreed to try to resolve their financial dispute by means of non-court dispute resolution in advance of the financial remedy hearing in June 2024. Includes discussion of use of non-court dispute resolution, including FPR changes due on 29 April 2024. X (Financial Remedy: Non-Court Dispute Resolution), Re [2024] EWHC 538 (Fam) (08 March 2024): Bailii.

Finances (Unmarried Parties)

• Application by mother for financial provision for child under Sch 1 Children Act. Father's flat, in which the mother and child are living, settled on the mother until the child ceases secondary education. SP v QR [2024] EWFC 57 (12 March 2024): Bailii.

Surrogacy

• Application for parental order in relation to child born in consequence of a gestational surrogacy agreement in India to a married surrogate. Parental order made after consent of surrogate and her husband dispensed with because they could not be found. QR (Parental Order: Dispensing with Consent: Proportionality), Re [2023] EWHC 3196 (Fam) (03 November 2023): Bailii.

Latest Episode - 14.03.24 - How Family Law Issues are Dealt with in the Criminal Court ft Michelle Clark

Joanna talks with Michelle Clark, experienced criminal law barrister, about how the criminal court deals with family matters from enforcement of non-molestation orders, proof of coercive and controlling behaviour, harassment, restraining orders, obtaining papers from family law court and the differences of approach and emphasis between the two types of court. A fascinating conversation between barristers with over 60 years experience of day to day work in the two courts.

Upcoming Episode - 28.03.24 - How to Navigate your Family Law Case and Remain Sane ft Joanna Toch and George Fattal of Family Law Cafe

Discover how to effectively manage your family law case with guidance from Joanna Toch and George Fattal of Family Law Cafe. Learn strategies to stay mentally balanced and navigate the complexities of legal proceedings with expert advice.

Next Webinar - 04.04.24 Thursday 12:05pm - My Ex is Self-Employed and I’m Worried I Don’t Understand the Finances

Get clear on how you establish what is the true income position, different business structures, your position if you are a director, employee or shareholder in a family business and what you need to know about valuing businesses.

Upcoming Webinar - 11.04.24 Thursday 12:05pm - Help! I'm Facing a Fact Finding Hearing in the Family Court

For those making or responding to welfare allegations, we discuss how to prepare for Fact Finding hearings, how give your best evidence and where will the case go after the hearing.

Family issue? Contact us at info@familylawcafe.co.uk or via our website, or call 02039 040506