30.04.2024 - Here is this week's family law round-up

News Stories

Judge Makes Shared Lives With Order after Mother’s Unilateral Decisions

In a recent Family Court case at Milton Keynes, a judge addressed significant issues caused by a mother’s unilateral decisions affecting her children, including relocating them without informing their father or the court.

Initially, the children lived primarily with their mother, visiting their father every other weekend. However, after the mother changed their living arrangements and school without consultation, the father sought legal intervention. The judge criticised the mother for not involving the father in major decisions and issued a shared ‘lives with’ order.

This order emphasises that both parents should have equal involvement in their children's lives and mentioned that continuous disregard by the mother for the father's role might lead to a reconsideration of the children's primary residence.

Click the image above for the full article.

Judge regrets closure of Pilot Family Drug and Alcohol Court in Wales

A circuit judge sitting in the Family Court has expressed his “obvious regret” that funding could not be secured for the Cardiff and Vale Family Drug and Alcohol Court Pilot to be extended.

Click the image above for the full article.

Paedophiles could be stripped of parental rights under new law

Paedophiles convicted of serious sexual offences could lose parental rights over their children under a new law.

The proposed law change comes after the BBC reported the case of a mother who spent £30,000 in legal fees to stop her paedophile ex-husband getting access to their daughter.

After hearing the story, Labour MP Harriet Harman tabled an amendment to upcoming legislation.

It covers the most serious sexual offence - rape of a child under 13.

Full story: BBC News.

Factors influencing organisations' decisions to bring cases to the civil and family courts

A report summarising the findings of a qualitative study on the factors influencing organisations’ decisions to bring cases to the civil and family courts. Full story: Ministry of Justice.

Outcomes for children in need, including children looked after by local authorities, in England: 2022 to 2023

A range of outcome measures at national and local authority level for children in need, including children looked after by local authorities. Full story: Department for Education.

Judges allow appeal over flawed reasoning in fact-finding judgment

The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents. Full story: Local Government Lawyer.

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases

The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made. Full story: Local Government Lawyer.

Recently Reported Cases

Child Abduction

Child Arrangements

• Application by stepmother for parental responsibility of 2 children, who share their time with both biological parents. Application granted. A v B & Anor [2023] EWFC 304 (B) (24 October 2023): Bailii.

• Appeal by mother against order providing for child's contact with father progressing to unsupervised and ultimately overnight staying contact. Appeal allowed on the grounds, inter alia, that the judge had failed to consider whether the mother's allegations of abuse were relevant. O (Appeal; Duty to Consider Fact-Find), Re [2024] EWHC 839 (Fam) (17 April 2024): National Archives.

Children Care Cases

• Judgment in care proceedings considering whether child should be adopted by foster carers, or remain with them under a long-term fostering arrangement or a special guardianship order. Adoption order made. C (A Child) (Adoption by Foster Carers), Re [2024] EWFC 87 (3 April 2024): National Archives.

• Care proceedings. Judgment considering whether to discharge an order for the assessment of the Maternal Aunt, who lives in Switzerland, as a long term carer for the child, despite the fact that this would mean there was no potential for the child to be placed with a family member. Order discharged, due to the delay it would entail. Leicester City Council v The Mother & Anor [2024] EWHC 923 (Fam) (12 April 2024): Bailii.

Children Medical Treatment

• Application by local authority for leave to withdraw medical treatment from child in care who had suffered severe brain damage. Application allowed. A Council v An NHS Foundation Trust & Ors [2024] EWHC 874 (Fam) (26 January 2024): Bailii.

Divorce Finances

• Application by husband to commit wife to prison for contempt for failure to comply with terms of financial remedies order. Contempt proved and wife sentenced to three months' imprisonment. Hersman v De Verchere [2023] EWHC 3481 (Fam) (30 November 2023): Bailii.

• Cross-applications by husband and wife for enforcement of financial remedy order. Found that the wife owed the husband £2,353,000. Frank Eric Hersman v Alexandra Caroline De Verchere [2024] EWHC 905 (Fam) (19 April 2024): National Archives.

• Final hearing of wife's financial remedies application, the primary issue being whether the husband had an interest in 5 properties. Found that there was no matrimonial property, and the wife's claims were therefore dismissed. SV v AV [2024] EWFC 86 (B) (07 February 2024): Bailii.

• Appeal by intervener against financial remedies order made on the basis that loans by the intervenor to the husband were soft loans, not expected to be repaid. Appeal dismissed. Incorporated Trustees of Great Calling Ministries Worldwide v Irabor & Anor [2024] EWHC 803 (Fam) (11 April 2024): Bailii.

Human Fertilisation and Embryology

• Application by biological mother for declaration that biological father is child's legal parent, rather than her former wife, as it could not be proved that the child had been conceived by artificial insemination. Declaration made. P v Q & Ors [2024] EWFC 85 (B) (19 April 2024): National Archives.

Latest Episode - 25.04.24 - Family law solicitors views on their work and the family court system ft Corinne Parke and Bethan Hill-Howells of Keystone Law

Joanna sits down to chat with Corinne and Bethan who practice in central London getting their thoughts on how they got into family law, the highs and lows, views on fact finding hearings and how to deal with problems in family law and in the family law system. Get the inside story!

Next Webinar - 02.05.24 Thursday 11:00am - Other people are involved in our finances!- Interveners, Inheritances and Loans

What happens when there are three in the divorce - you, the other party and their mum or auntie? If you are in a case where another person is claiming an interest in property, where an inheritance is involved or where the other party says they have a major loan with a family member then this webinar is for you!

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

Or send a DM on social media