09.07.2024 - Here is this week's family law round-up

Here is this week's family law round-up.

News Stories

Court wrong to transfer husband’s half share in matrimonial home to wife after he was made bankrupt

This case concerned an appeal by a husband against a financial remedies order, providing for him to transfer to the wife his half share in the former matrimonial home.?The order was made on the 4th of March 2020. Its effect was to leave the wife with roughly 80 per cent of the parties’ capital. The husband appealed, claiming that this division was unfair.

However, the real issue was that the husband had been made bankrupt by a bankruptcy order made on the 26th of February 2020, just six days before the financial remedies order was made. The effect of the order was to pass the husband’s assets to his Trustee in bankruptcy, who would use them to pay the husband’s debts.

Since?the bankruptcy order had been made prior to the financial remedies order, the transferring of the?husband's?share of the former matrimonial home to the wife was not possible because there was no share to transfer, as by the date of the order, his share had already?passed to the husband’s Trustee in bankruptcy.

There are two things to be taken from this case:

Firstly, that if a spouse is made bankrupt before the final financial remedies order then the other spouse may lose their claim to the bankrupt spouse’s assets, as those assets will be passed to the Trustee in bankruptcy and used to pay the bankrupt spouse’s debts.

Secondly, that if your marriage has broken down and you have reason to believe that your spouse may be made bankrupt (or simply that they are unable to pay their debts), then you should inform your lawyer immediately.

For the full article click here, the full report on the case is found here.

If you, or someone you know, is considering or currently?going through a divorce and need assistance,?visit our website and enquire below

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Recently Reported Stories

Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds

A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must now be heard by a different judge or recorder, the Court of Appeal has ruled.

There had been longstanding concerns about domestic abuse in the parents' relationship and the children's exposure to that abuse, and in 2022, the local authority started care proceedings for the family's three children.?The three children were made subject to full care orders on the basis of care plans for placements in their extended family.?The mother gave birth to another child?in August 2023 and care proceedings were started immediately.

During a final hearing on an adoption order in February 2024 for the baby, it became known that members of the father's extended family had been identified as potential carers.?All parties approved, but the local authority asked for a 10-week suspension in the mother's contact with the child, which was endorsed by the judge.

The mother appealed this on numerous grounds, and it was found that?HHJ Earley’s decision to exclude the mother as a future carer for the child “was a procedural irregularity which was sufficiently serious to lead to injustice” and now requires that the proceedings be transferred to another judge or recorder.

For the full story: Local Government Lawyer.

Family Court Statistics Quarterly: January to March 2024

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.

High Court allows 15-year-old to change name despite opposition from local authority

A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority. Full story: Local Government Lawyer.

Legal aid statistics quarterly: January to March 2024

Activity in the legal aid system for England and Wales, including criminal and civil legal aid, family mediation, providers of legal aid, client characteristics and Central Funds payments. Full story: Ministry of Justice.

Court of Appeal hands down ruling on use of medical research literature in care proceedings

The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event - attributable to “a lack of reasonable parental care”. Full story: Local Government Lawyer.

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done

The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”. Full story: Local Government Lawyer.

Recently Reported Cases

Featured?Case

Care proceedings concerning a one year-old child were?issued following concerns as to the impact of the mother's mental health issues upon her ability to care for the child. This resulted in care and placement orders being made for the child.

The hearing was focused on the central issue of the mother's mental health and the challenges posed by this to the mother and the effect on her care of the child.?

"It is clear that the child's welfare demands a transition into a stable and enduring placement. She cannot wait for change to be affected yet her mother needs significant time to effect change. I have reached the sad conclusion that her welfare demands progress now into a safe and secure placement and that this can only be met by a placement order with a plan for adoption" – HHJ Willans

Accordingly, care and placement orders were made, acknowledging the devastating impact this may have on the family but providing?an?outcome that is the lowest form of interference and consistent with the child's?welfare needs.

Local Authority v Mother & Ors [2024] EWFC 158 (B) (27 June 2024): Bailii.

Child Arrangements

Fact-finding in child arrangement proceedings, concerning mother's allegations of abuse by father. Allegations found proved. S, Re (Private Law: Fact Finding) (No. 1) [2024] EWFC 156 (B) (19 January 2024): Bailii.

Father's application for contact. Letterbox contact only ordered, following findings of domestic abuse by father. Barring order made for 18 months. The Father v The Mother [2024] EWFC 139 (23 February 2024): Bailii.

Children Care Cases

Final hearing of care proceedings, where very serious findings of sexual abuse had been made against the father but the mother wanted him to return home. Ordered that child remain in the care of his mother, to the exclusion of the father. A Local Authority v The Mother (AZ) & Ors [2024] EWHC 1670 (Fam) (21 June 2024): Bailii.

Care proceedings concerning two children, issued following their mother's suicide. Ordered that children be transitioned to Poland, with a plan for them to both reside there in their father's care. London Borough of Hillingdon v Simon & Ors [2024] EWFC 157 (B) (24 June 2024): Bailii.

Judgment in care proceedings dealing with issue of whether placement of child with foster carers for her older half-sisters should be considered. A, Re (Care Planning) [2024] EWFC 155 (B) (23 May 2024): Bailii.

Care proceedings, issued after mother had permitted contact between the child and his father, who had been found to be a paedophile in previous care proceedings. Care order made and child placed for adoption. Z (A Child) (Long-Term Fostering or Adoption), Re [2024] EWFC 148 (B) (21 June 2024): Bailii.

Divorce Finances

Final hearing in financial remedy proceedings, in which a litigation lender had successfully applied to set aside a consent order which prevented them from recovering a loan to the wife. Neither party wished to proceed, so no order made. Lauren Belinda Simon v Paul Mark Simon [2024] EWFC 160 (2 July 2024): National Archives.

Gender Recognition

Appeal against decision by Gender Recognition Panel refusing the appellant's application for a gender recognition certificate. Appeal allowed. AB v Gender Recognition Panel [2024] EWHC 1456 (Fam) (18 June 2024): Bailii.

Human Rights

Application by father claiming breach of Article 8 due to failure of the state to expeditiously enforce contact order. Held, there had been a violation of Article 8. BOISTEAU v. POLAND - 19561/22 (Article 8 - Right to respect for private and family life : First Section Committee) [2024] ECHR 575 (27 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'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!

This weeks featured podcast:

Join Joanna Toch and Louis Ewart, a financial adviser from?Ewart & Bridgeman Advisers, as they explain?the intricacies of handling finances in family law cases, from pension complexities to asset division.?

Enjoyed listening to this podcast??

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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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