Family Court Statistics Quarterly: July to September 2019

Quarterly data on the volume of cases dealt with by family courts over time, with statistics also broken down for the main types of case involved.

Full story: Ministry of Justice

Guidance on removing newborns planned to tackle inconsistent practice and legal knowledge gaps

Experts to develop guidelines for social workers and health professionals after reviews find problems with shortened pre-birth assessments and failures to follow due process.

Full story: Community Care

McKenzie Friends giving “biased and misleading” online advice

McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.

Full story: Legal Futures

Family Law Week Weekly Podcast Episode 6

Rachel Cooper of Coram Chambers is joined this week by Eleri Jones.

Podcast: Family Law Week

Forum shopping in spotlight as divorce battle reaches Supreme Court

The Supreme Court is preparing to hear a divorce case that could have significant implications for the controversial practice of forum shopping.

Full story: Law Society Gazette

Baby P’s mother to remain in jail following latest review by Parole Board

The mother of Baby P, who died after months of abuse, should stay in jail, the Parole Board has decided.

Full story: Care Appointments

Domestic abuse survivors twice at risk of long-term illnesses

Study by the Universities of Birmingham and Warwick published.

Full story: Family Law Week

Transparency order templates

The Courts and Tribunals Judiciary has published the following templates for the benefit of the judges and practitioners who will be making the template orders.

Full story: Family Law Week
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Y (A Child) [2019] EWCA Civ 2209 (12 December 2019)

Appeal against order that council should be the designated local authority in relation to care proceedings concerning an 18 month old child.

Full report: Bailii

Mander & Anor v Royal Borough of Windsor & Maidenhead & Anor [2019] EWFC B64 (06 December 2019)

Claim by couple for damages for discrimination in the provision of adoption services, on the grounds of race.

Full report: Bailii

Neil v Neil [2019] EWHC 3330 (Fam) (22 November 2019)

Application by husband to set aside financial remedies order on the grounds of fraud.

Full report: Bailii

Dorset Council v M (Failure to prove non-accidental injury) [2019] EWFC B63 (06 December 2019)

Care proceedings, in which local authority failed to prove that injury to child was caused by one or both of his parents, either deliberately or through carelessness or recklessness.

Full report: Bailii

Raqeeb v Barts Health NHS Trust (Costs) [2019] EWHC 3322 (Fam) (03 December 2019)

Applications by parents for judicial review of decision of NHS Trust not to agree to child being transferred to a hospital in Italy for continued medical treatment and by Trust regarding the withdrawal of life-sustaining treatment. Judgment dealing with issue of costs.

Full report: Bailii
More cases...

Civil Partnerships – A new inequality created by the correction of an old one?

Civil partnerships are now to be open to all but the solution of that problem has led to another - while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.

Full article: 5SAH

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements

Earlier this year the conflicting authorities of Bhusate v Patel and Cowan v Foreman and others cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975.

Full article: Becket Chambers

Fraudulent Calumny: Poison in the Ear

Fraudulent calumny is a ground (alongside a lack of due execution, lack of testamentary capacity, lack of knowledge & approval and undue influence) for impugning the validity of a will once the testator has died.

Full article: Family Law
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Judge believes blameless parents and sends baby home

His Honour Judge Dancey has published a judgment in which he explains why he has decided that social services have failed to prove that either parent caused a skull fracture sustained by their baby, with the result that the baby is going home.

Full post: The Transparency Project

‘Do Separating Parents Need the Family Court?’ – the annual Family Justice Council debate

Here are just a few points of interest we took from the speakers on the night (heavily paraphrased) pending the full, verbatim transcript /recording that will follow at the FJC site soon.

Full post: The Transparency Project

Court of Appeal gives guidance on Secure Accommodation Orders

A Local Authority v B’s mother; B’s father; B’s stepfather; and B (through her Cafcass guardian); the Association of Lawyers for Children (intervening) [2019] EWCA Civ 2025.

Full post: The Transparency Project

How does the family court treat domestic abuse: A ‘snapshot’ continued: Part 8

H (A Child) [2019] EWHC 1509 (Fam) (24 May 2019).

Full post: The Transparency Project

How does the family court treat domestic abuse?: A snapshot (continued – Part 7)

AB v XY [2019] EWHC 1468 (Fam) (07 June 2019).

Full post: The Transparency Project
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