02.07.2024 - Here is this week's family law round-up
Joanna Toch
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Here is this week's family law round-up.
News Stories
Father prohibited to continue with child arrangements application until he pays for mother’s legal representation
We recently wrote here about a case in which a husband was prevented from applying to vary a maintenance order until he paid the arrears under the order.?Now, a similar case has been reported, this time in relation to children proceedings.
Both cases related to the court making a ‘Hadkinson’ order, which is an order preventing a party from making or taking further steps in a case until they comply with a previous court order.
As we mentioned in the earlier post, restricting a party’s access to justice in this way is a drastic step for a court to take, and the court will only therefore make a Hadkinson order as a last resort, where that party is in wilful contempt of court, and that contempt has impeded the course of justice.
As seen in this later case, making a Hadkinsonorder in proceedings relating to children is likely to be even rarer than in other types of proceedings.
The case concerned long-running litigation between the parents in relation to their children.?During the proceedings, the father was ordered to pay various sums to the mother, which he failed to do.?
In March of last year, the father applied for a child arrangements order, seeking to have the children move to live with him.?In January 2024 the mother applied for a Hadkinson?order, prohibiting the father from pursuing his application for a child arrangements order until he paid the sums due.
In February, the court made a Hadkinson?order, requiring the father to pay ￡235,357 before he could proceed with his children application; which the father appealed.
Hearing the appeal, Mr Justice Moor found that in cases relating to children there should be an additional matter for the court to consider before making a Hadkinson order: the welfare of the children.
And in the circumstances of the case, where the father was seeking to have the children moved from the mother’s care to his, he found that a limited Hadkinson order would be in the interests of the children.
Accordingly, he stayed the father’s application for a child arrangements order until such time as he pays the sum of ￡30,000 to the mother, to enable the mother to pay for representation at the hearing of the father’s application.
Recently Reported Stories
Curbs on expert cross-examination could lead to injustices, family silks warn
Senior family lawyers have warned that a little-known pilot project centring on the role and use of expert evidence will see children wrongly taken from their families.?
Under this pilot, a multi-disciplinary ‘clinical hub’, taking place?at various locations, will examine and report on cases of suspected inflicted head injuries, which would prompt local authorities to make an urgent application to have children removed from their families.
As part of the service, a range of highly expert consultants from a range of specialties undertake assessments of children, discuss findings with one another, and write a formal report for the Family Court.’ The fixed contract ends on 31 March 2025, indicating the planned length of this pilot.
The fear is that clinical hub experts will not be subject to cross examination in court, yet their evidence will displace that of transparently instructed agreed joint experts, currently appointed under section 25 of the Family Procedure Rules.
Professor Jo?Delahunty, a critic of this pilot program,?states that the multi-disciplinary report will form the opening local authority case ‘and is likely to be taken as obviating the need for all or some section 25 experts becoming involved, even though that is the only mechanism by which there can be transparent, joint, expert instruction with parental input and sight of case-acquired evidence’.
For the full story: Law Society Gazette.
Council implements child services reforms as part of ‘Families First for Children’ pathfinder
Dorset Council has announced a new way of working with children and families, with the aim of reducing the number of children on child protection plans and for more children to be supported to stay with their birth families. Full story: Local Government Lawyer.
Women’s Aid launches ‘No More Years of Hurt’ campaign highlighting the spike in domestic abuse during big football games
Women’s Aid is launching the newest instalment of its award-winning ‘He’s Coming Home’ campaign, created in partnership with House 337. The campaign, which coincides with this summer’s Euros 2024 tournament, aims to shine a light on the darker side of major football championships, which could lead to an increase in domestic abuse. Full story: Women's Aid.
Child Maintenance Service statistics: data to March 2024
Quarterly statistics on the Child Maintenance Service to March 2024. Full story: Department for Work and Pensions.
Marriages in England and Wales: 2021 and 2022
Number of marriages that took place in England and Wales analysed by age, sex, previous partnership status and civil or religious ceremony. Full story: Office for National Statistics.
Recently Reported Cases
Featured?Case
An application by a local authority to commit a mother for contempt of court by?breaching an order prohibiting publication of information relating to her care proceedings case.?
The parties to this case were ordered?not to publish any material intended to or likely to identify the child?subject of these proceedings, however, the mother failed to follow this.
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In the light of these factors, the judge stated: "The prohibition on recording family proceedings and on publishing certain information relating to family proceedings is vital to the integrity of family proceedings. The deliberate defiance of the law prohibiting recording and publication of family proceedings involving children must therefore result in substantial punishment".
Consequently, the mother?was sentenced to two months' imprisonment as a result of her actions.?
A Local Authority v AB & Anor [2024] EWFC 143 (B) (26 April 2024):?Bailii.
Child Abduction
Application for committal of father for breach of orders requiring him to return children from Lebanon. Father sentenced to 18 months imprisonment, suspended for 6 months. Sater v Sater [2023] EWHC 3509 (Fam) (21 August 2023):?Bailii.
Child Arrangements
Appeal by father from child arrangements order providing that children live with mother. Appeal allowed and shared lives with order made. AZ v BX (Child Arrangements Order: Appeal) [2024] EWHC 1528 (Fam) (21 June 2024): Bailii.
Appeal by mother against order that judgment in children proceedings be published naming parents, when child reaches 18. Appeal allowed. T, Re (Children: Publication of Judgment) [2024] EWCA Civ 697 (21 June 2024): Bailii.
Application by parents of 15 year old child for authorisation to accept a gift of one third of a property in Switzerland on his behalf. Authorisation given. Re N [2024] EWFC 141 (20 June 2024): National Archives.
Application by father for permission to appeal Hadkinson order prohibiting him from pursuing application for child arrangements order until he purged his contempt of court for failure to comply with financial orders. Appeal allowed and father's CAO application stayed until he paid the mother the sum of ￡30,000 to enable her to have representation. BR v SN [2024] EWHC 1512 (Fam) (13 June 2024): Bailii.
Children Care Cases
Fact-finding in care proceedings, to determine whether the child had suffered non-accidental/inflicted injuries and if so, to determine the perpetrator. All injuries found to be accidental. A Council v Mother & Ors [2024] EWFC 146 (B) (21 June 2024): Bailii.
Application for a deprivation of liberty safeguards order in relation to 17 year old. Order made authorising her continued deprivation of liberty on the paediatric ward of a general hospital. MK, Re (Deprivation of Liberty and Tier 4 Beds) [2024] EWHC 1553 (Fam) (24 May 2024): Bailii.
Care proceedings. Appeal by mother against decision at a case management hearing to exclude her as a future carer for the child. Appeal allowed. O, Re (Care Proceedings) [2024] EWCA Civ 696 (20 June 2024): Bailii.
Appeal by father against order dismissing his application for a writ of habeas corpus seeking the return of his children, who had been taken into care. Order set aside, but father's application dismissed. The Father v Worcestershire County Council [2024] EWCA Civ 694 (20 June 2024): Bailii.
Care proceedings concerning 2 children, issued following concerns over parental neglect. Supervision orders made in respect of both children. James and Alison (Children) (Care Proceedings), Re [2024] EWFC 142 (B) (24 May 2024): Bailii.
Appeal by parents seeking to set aside findings made in care proceedings, raising issues about the use of medical research literature as evidence in care proceedings. Appeal allowed. D and A (Fact-Finding : Research Literature) [2024] EWCA Civ 663 (19 June 2024): Bailii.
Divorce Finances
Appeal by husband against a financial remedies order providing for him to transfer to the wife his half share in the former matrimonial home. Appeal allowed, as the husband had been made bankrupt before the order. Ordered that the wife should receive any surplus from the husband's half share in the property, after payment of the Trustee's costs and all sums paid to creditors under the bankruptcy. Gudmundsson v Lin [2024] EWHC 1576 (Fam) (21 June 2024): Bailii.
Hearing of wife's financial remedies application, the key issue being whether the parties separated in 2014, as the husband contended, or in 2021, as claimed by the wife. Found that parties separated in 2021, and assets shared equally. MR v EF [2024] EWFC 144 (B) (20 June 2024): Bailii
Season Two of the Family Law Cafe Podcast?Coming - September 2024
Thank you to everyone who listened to Season One of the Family Law Cafe Podcast!?
We were thrilled to host some remarkable guests and cover a wide range of topics. Sharing my network and insights with you has been a true privilege, and I hope you found the discussions valuable.
Don't worry, that was just the beginning!?
We're excited to announce that Season Two will premiere on Thursday, 12 September 2024. Expect even more fantastic guests, deeper insights, and practical advice to help you navigate your family law matters. Stay tuned, and thank you for being part of our journey!
You can listen to any of our previous podcast episodes by following the link below
Check out all of our previous webinars
This weeks featured webinar explores the evolution of family law. In this video you can?listen to?George, a valued?member of the FLC team, who has a candid conversation about the importance of adapting to customer needs in a diverse area such as family law.
To watch any?of our other previous webinars, covering a wide range of topics from divorce to family law case advice, you can access these?by emailing us at?[email protected].
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