Family Law Cafe - This Weeks Newsletter 05.11.2024
Joanna Toch
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Here is this week's family law round-up.
Ground-breaking report considers the interplay between domestic abuse and financial remedy proceedings
Resolution, the family justice professionals association, has released a pivotal report on the complex relationship between domestic abuse and financial remedy proceedings in divorce and separation cases. Through a survey of over 500 family law experts, the report reveals that 80% feel domestic and economic abuse are inadequately considered in financial remedy cases.
Key issues highlighted include abusers’ lack of financial disclosure and failure to comply with court orders, which can hinder victims' financial claims. Resolution advocates for a cultural shift and stronger safeguards for abuse survivors, suggesting rule changes to ensure victims receive appropriate financial support and greater enforcement of financial remedy orders. This report aims to guide future policy development to better protect abuse survivors.
CGT increase in UK budget may worsen financial abuse
Full story: Today's Family Lawyer.
MP wants to keep children in care closer to home
An MP has called for a new law to be introduced to help keep more children in care within their local communities. Rother Valley MP Jake Richards tabled his private members after he said the current care system was "not fit for purpose". Full story: BBC News.
Litigant frightened ex-partner’s lawyers under false name
A litigant in person sent threatening messages to his ex-partner's solicitors using a fictional character named 'Jamie Gwenstefani', an ex tempore judgment in the Family Division has revealed. Full story: Law Society Gazette.
New protections from sexual harassment come into force
Employees can expect their employers to take reasonable steps to protect them from sexual harassment as a new duty comes into force. Full story: Today's Family Lawyer.
Court of Appeal rejects appeal by mother over inclusion in pool of perpetrators
The Court of Appeal has rejected a mother’s appeal against a judge’s decision to place her in the “pool of perpetrators” of injuries inflicted on her youngest child after the judge was unable to make a finding on the balance of probabilities whether the injuries were inflicted by her or her partner. Full story: Local Government Lawyer.
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Father's application to reinstate contact, in case where there were concerns over mother's alienating behaviours. Contact recommenced with the mother's agreement, following the indication that the court was considering a transfer of residence. AB v TC & Anor [2024] EWFC 296 (15 October 2024): Bailii.
Adoption
• Application by local authority for declarations designed to keep adoption secret to protect Muslim Pakistani mother, the child having been born out of wedlock. Declarations granted. Local Authority v A Mother [2024] EWHC 2680 (Fam) (23 July 2024): Bailii.
Child Abduction
• Application by mother relating to committal of father for breach of orders requiring him to return child from Algeria. Previous suspended order not activated, but father found to be in breach of 3 further orders. Samira Addou v Sidali Bennabi [2024] EWHC 2702 (Fam) (25 October 2024): National Archives. And see here for sentencing judgment.
Child Arrangements
• Judgment discharging wardship orders, granted on application of mother, who claimed to have been stranded in India by father, with whom children live in England. MSD & FPD, Re (Children) (Stranded Spouse - Wardship) [2024] EWHC 2741 (Fam) (24 October 2024): Bailii.
• Fact-finding in private law proceedings, concerning mother's allegations of abuse by the father. Most allegations found proved. BB v CC [2024] EWHC 2693 (Fam) (24 October 2024): National Archives.
• Appeal by mother from findings as to the circumstances in which her children travelled without her from their home in Afghanistan and came to be living with the father and his partner in England. Appeal allowed and mother is permitted to adduce new evidence. S, Re (Children - New Evidence) [2024] EWCA Civ 1265 (24 October 2024): Bailii.
Divorce Finances
• Appeal by husband from dismissal of appeal from financial remedy order, on grounds of wife's misrepresentation/mistake relating to one of her assets. Appeal allowed. Adodo v Tan [2024] EWCA Civ 1288 (28 October 2024): Bailii.
Children Care Cases
• Care proceedings. Appeal by father from findings that he had abused two of the children. Appeal dismissed. M (Children: Findings of Fact) [2024] EWCA Civ 1290 (29 October 2024): Bailii.
• Care proceedings concerning 14 month-old girl, issued due to concerns regarding domestic abuse and drug misuse. Care and placement orders made. Sheffield City Council v Mother & Anor [2024] EWFC 298 (B) (22 October 2024): Bailii.
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