Family Law Cafe - This Week's Newsletter 24.12.2024
Joanna Toch
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Here is this week's family law round-up.
The Family Court: A Decade of Transforming Justice
This year marks the 10th anniversary of the Family Court in England and Wales—a milestone in streamlining family justice. Before its establishment in 2014, family cases were divided between County Courts and Magistrates’ Courts, leading to confusion and inefficiency. The Family Court unified these processes, creating a single point of entry and consistent procedures.
The newly released annual report (October 2023 – September 2024) shines a light on the court’s vital work, which includes child protection, divorce, domestic abuse cases, and more. Despite its achievements, challenges remain—such as the timely resolution of public law care proceedings, with only 29% completed within the 26-week target in 2023.
Innovative steps are being piloted to address these challenges. Pathfinder courts emphasize the impact of parental disputes on children, and mediation initiatives aim to reduce court caseloads. Additionally, efforts to increase transparency are gaining momentum, with expanded reporting pilots set to roll out nationwide by 2025.
As the President of the Family Division highlights, the heart of the Family Court lies in its day-to-day dedication to resolving family disputes and protecting the vulnerable. This decade of progress sets the stage for even greater impact in the years to come.
Urgent Calls for Reform Following the Tragic Death of Sara Sharif
The tragic death of 10-year-old Sara Sharif, following the conviction of her father and stepmother for her murder, has sparked urgent calls for systemic reforms in child protection. Advocates highlight failures that allowed her to be removed from school under the guise of homeschooling, concealing ongoing abuse. England’s Children’s Commissioner and others demand stricter oversight of homeschooling for at-risk children and a statutory inquiry to address lapses in safeguarding. With national attention on this heartbreaking case, there is a pressing need for stronger measures to protect vulnerable children and prevent similar tragedies in the future.
Full story: Care Appointments.
Family Justice Council Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour
The Family Justice Council has published guidance for Family judiciary, and those working in the Family Justice System, on responding to allegations of alienating behaviour. Full story: Courts and Tribunals Judiciary.
Family Case Reopened: Ensuring Integrity in Legal Proceedings
An appeal against a child arrangements order has been granted after it emerged that a barrister who represented the mother in proceedings had also been approached in a professional capacity by the father. Full story: Law Society Gazette.
Child Maintenance Service statistics: data to September 2024
Quarterly statistics on the Child Maintenance Service to September 2024. Full story: Department for Work and Pensions.
Surrogacy reform moves up the agenda
Surrogacy reform has moved a step closer with the news that the government met the Law Commission last month to discuss recommendations which had appeared to be gathering dust. Full story: Law Society Gazette.
Inexperienced social worker did not identify Sara Sharif’s father as posing any risk
The murdered girl had been allowed to live with her father, who had repeatedly attracted the attention of police and social workers. Full story: The Observer.
Moves to appeal after court upholds ban on naming judges who presided over Sara Sharif hearings
‘Unprecedented’ decision taken to protect judicial anonymity despite huge public interest in case. Full story: The Guardian.
MP calls for first-cousin marriage to be banned
A Conservative former minister has called for first-cousin marriage to be banned in the UK. Full story: BBC News.
MP’s bid to finally have all forms of domestic abuse recognised in law
Eastbourne’s MP Josh Babarinde, the Liberal Democrat’s justice spokesperson, has tabled a bill that would create a specific set of domestic abuse aggravated offences in the law for the first time. Full story: The Independent.
Cafcass annual report and accounts 2023 to 2024
The annual report and accounts of Cafcass outline its performance in 2023 to 2024 alongside audited accounts for the year. Full story: Cafcass.
When Parental Rights Collide with Child Safety: A Landmark Decision in Family Court
Application for contact by father, who had previously been convicted for assault and other offences against the mother. Ordered that father should have no contact, barring order made until child reaches 18 and father's parental responsibility restricted. C (A Child), Re (No Contact) [2024] EWFC 366 (B) (15 November 2024): Bailii.
Adoption
• Application to adopt child born and then abandoned in Morocco, raising issues about the interpretation and application of the domestic laws of England and Wales and its operation in the context of international law. Adoption order made. A v B & Anor [2024] EWHC 3198 (Fam) (10 December 2024): National Archives.
Child Abduction
• Application by father for summary return of children to Poland. Mother's defences of harm and child's objection not made out, and return ordered. M v A [2024] EWHC 3230 (Fam) (09 December 2024): Bailii.
• Appeal by mother against dismissal of application for summary return of 15 year-old child to Romania, following child's objections. Appeal allowed and return order made. P (A Child) (Abduction: Child's Objections) [2024] EWCA Civ 1569 (16 December 2024): Bailii.
Child Arrangements
• Application by mother for permission to appeal against order that father have unsupervised contact with child. Permission refused. A Father v A Mother [2024] EWFC 360 (B) (16 July 2024): Bailii.
Child Maintenance
• Appeal by father against registration of Polish interim child maintenance order. Appeal allowed, on the grounds that the father had not had proper notice of the Polish proceedings. AJ v FJ [2024] EWFC 356 (06 December 2024): Bailii.
Children Care Cases
• Judgment adjourning final hearing of care proceedings due to lack of multiagency approach to explore possibility of support for the parents, who are both deaf. Leicestershire County Council v Amy & Ors (Re Lack of Multiagency Approach to Deaf Parents) [2024] EWFC 364 (B) (12 December 2024): Bailii.
• Appeal by local authority against designation of local authority in respect of an interim care order. Appeal dismissed. G, Re (Designation of Local Authority) [2024] EWCA Civ 1565 (13 December 2024): Bailii.
Marriage
• Application by father to strike out mother's nullity application in relation to claimed marriage in Nigeria. Application struck out. Ogbedo v Oghenerume-Taiga [2024] EWHC 3193 (Fam) (12 December 2024): Bailii.
🎙️ Our Newest Podcast Episode - Empathy and Expertise: A Festive Chat with Family Law Cafe Team 📢
In this episode of the Family Law Cafe Podcast, Rachael takes over hosting duties from Joanna, joined by the Family Law Cafe core team: Joanna, Shepsi, Debbie, and Varja. Together, they discuss managing family law matters during the festive season, share personal holiday traditions, and reflect on the challenges of separated families at Christmas. They also celebrate Family Law Cafe’s rebranding achievements and outline their vision for the future of family law.
💬 "If the children aren’t with you this year, think of something fun you could do for yourself – take a short break, reconnect with friends, or start a new tradition."
🎧 Don’t miss an episode! Follow the link below for the full catalogue of our past Podcast episodes.
💻 What's Coming Next for the FLC Webinars Series
Gain valuable insights from thought-provoking conversations with industry experts on the pressing issues shaping family law today. These live sessions are designed to provide clarity, knowledge, and practical takeaways, offering something for everyone. Don’t miss this opportunity to engage and learn!👩💻
10th January 2025, 1pm - Divorce Finances with Q&A
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Here's what else we have planned for the New Year:
25th January 2025, 1pm - Child Arrangements with Q&A
14th February 2025, 1pm - Narcissism in Family Law
🎬 Join Our Interactive Family Law Webinar Series Today!