Family Law Cafe - This Weeks Newsletter 22.10.2024
Joanna Toch
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Here is this week's family law round-up.
High Court emphasises importance of Financial Dispute Resolution appointment
In a divorce, resolving financial disputes by agreement is more preferable than facing lengthy, costly court battles. The Financial Dispute Resolution (FDR) appointment plays a crucial role in this. During an FDR, a judge helps the parties explore settlement options by offering their view on the case’s likely outcome.
A recent case highlighted how crucial FDRs are, showing that skipping them is rare and only allowed in exceptional circumstances. FDRs have consistently proven effective in promoting settlements. If an agreement is reached, the court finalizes it with a consent order; if not, the case proceeds to a final hearing.
For those facing financial disputes in divorce, an FDR can be a game-changer, offering a last chance to settle before trial. Contact Family Law Cafe today if you are seeking support with your divorce, let us help you write your next chapter.
The Local Government and Social Care Ombudsman has urged councils to ensure they are looking at people’s cases through the lens of the Domestic Abuse Act 2021, after finding that victims of domestic abuse are sometimes being let down by councils using an “outdated” and “too narrow” definition of what abuse means. Full story: Local Government Lawyer.
Prevalence of mental health conditions leading to care proceedings for newborns
A recent study highlights the increasing prevalence of mental health conditions in mothers involved in care proceedings for newborns. Over half of mothers had existing mental health issues, primarily depression and anxiety, prior to their baby's birth. This research underscores the need for better mental health support for at-risk families, especially as children's services involvement can exacerbate these issues. Full story: Today's Family Lawyer.
Cafcass adopts new policy to protect victims of domestic abuse in court system
Family Court Advisors and Children’s Guardians will no longer use language such as ‘claims’ or ‘alleges’ in reports to court, using instead the words of children and adults who are victims of domestic abuse, in line with a new Domestic Abuse Practice Policy published by Cafcass. Full story: Local Government Lawyer.
Man abused by girlfriend wants to tell his story
A man who was kicked and punched, made to sleep on the floor and refused access to a toilet by his abusive ex-girlfriend says he wants to tell his story to help other victims. Full story: BBC News.
Three DfE-funded pilots aimed at reducing family court delays in England to be evaluated by legal experts
The National Children’s Bureau and research agencies Verian and Alma Economics are to carry out a “robust evaluation” of three Department for Education-funded pilots aimed at reducing unnecessary family court delays in England. Full story: Local Government Lawyer.
Featured Case: Financial Remedies, Beneficial Ownership, and Insolvency in a Matrimonial Dispute
Financial remedies hearing, where the only significant asset was the former matrimonial home which was in the sole name of the husband, who had been made bankrupt. Held that the property was held by the husband on trust for the husband and wife, in equal shares, that it should be sold, and that the wife should receive most of her 50% share, in order to meet her needs. DDR v BDR (Financial Remedies, Beneficial Ownership and Insolvency) [2024] EWFC 278 (8 October 2024): National Archives.
Child Arrangements
• Appeal by father against order permitting mother to relocate with child from south to north of England. Appeal dismissed. V (Appeal: Relocation), Re [2024] EWHC 2600 (Fam) (15 October 2024): Bailii.
• Appeal by mother against decision as to which school children should attend. Appeal allowed. Includes guidance as to operation of Pathfinder court. Child A and B, Re [2024] EWFC 284 (B) (11 October 2024): Bailii.
• Application by mother to spend time with children. Indirect contact only ordered, in light of children's clear wishes not to see their mother. Mother v Father [2024] EWFC 252 (B) (14 August 2024): Bailii.
Child Maintenance
• Application by father to vary child maintenance order, on the grounds that he had lost his job. Maintenance reduced to nominal sum. Li v Simons [2024] EWFC 276 (31 July 2024): Bailii.
Children Care Cases
• Care proceedings concerning one year-old child, issued due to concerns over emotional harm and neglect. Care and placement orders made. Oxfordshire County Council v M & Ors [2024] EWFC 261 (B) (24 September 2024): Bailii.
Divorce Finances
• Application by wife for judgment summons, in connection with failure by husband to pay maintenance order. Husband sentenced to 14 days in prison, suspended on condition he pays outstanding sum within 28 days. Dickason v Dickason [2024] EWFC 285 (B) (27 August 2024): Bailii.
• Final hearing of wife's financial remedies application. Total assets found to be £50 million, of which £25 million were matrimonial, and wife awarded half. Williams v Williams [2024] EWFC 275 (06 August 2024): Bailii.
Miscellaneous
• Application by 70 year-old man for declaration of parentage. Declaration made. Moore (Declaration of Parentage; Adult Applicant), Re [2024] EWHC 2572 (Fam) (01 August 2024): Bailii.
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