16.04.2024 - Here is this week's family law round-up

News Stories

High Court judge issues ruling on access to hearing for mother seen as potential security risk

A High Court judge has ruled that a mother, who had been assessed as a “potential risk” to court security, should be permitted to enter the court building for upcoming hearings provided that a number of arrangements are put in place and adhered to.

The mother was facing removal of her four children into care and had previously brought a knife into court and then shown it to security. Her solicitors were not agreeable to facilitating a remote hearing using their offices.

After a detailed risk assessment and subject to stringent arrangements the court permitted the mother to attend given the interests of her having a fair hearing and being able to participate.

Full story: Local Government Lawyer.

Family Court Statistics Quarterly: October to December 2023

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

During October to December 2023, there were decreases in most case types: matrimonial, domestic violence, public law and private law cases; at the same time there have been increases in financial remedy case starts. Closed cases have increased in most areas but there has been a decrease in public law and private law case disposals.

Full story: Ministry of Justice.

Child Maintenance Service statistics: data to December 2023

Quarterly statistics on the Child Maintenance Service to December 2023. Full story: Department for Work and Pensions.

Consultation response: implementing increases to selected court and tribunal fees

Includes final list of fee changes, which will be effected by a negative statutory instrument which will come into force in May 2024. Full story: Ministry of Justice.

Monday hearings to be temporarily paused in Royal Courts of Justice Family Division

From Tuesday 9 April 2024 hearings in the Family Division of the High Court at the Royal Courts of Justice in London will stop being listed on Mondays. Those already listed for Mondays will still go ahead. Full story: Courts and Tribunals Judiciary.

Legal aid statistics quarterly: October to December 2023

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.

Recently Reported Cases

Child Arrangements

? Child arrangements dispute between child's 2 fathers and her mother, including application by fathers for permission to relocate abroad. Permission granted. H & Anor v S & Anor [2024] EWHC 730 (Fam) (27 March 2024): National Archives.

? Fact-finding in child arrangements proceedings, to determine allegations raised by the mother. Father found to have subjected the mother to coercive and controlling behaviour. M v F (Finding of Fact Hearing: Coercive and Controlling behaviour), Re [2024] EWFC 65 (B) (9 February 2024): National Archives.

? Appeal by mother against dismissal of application for permission to relocate with child to Germany. Appeal allowed and permission granted. ZR v TP [2023] EWHC 3407 (Fam) (13 December 2023): Bailii.

Children Care Cases

? Care proceedings concerning 4 children, issued after children found to have suffered multiple minor injuries. Care orders made. Two older children to remain in long-term foster care and two younger children placed for adoption. The Local Authority v M & Ors [2024] EWFC 70 (B) (21 March 2024): National Archives.

? Fact-finding in care proceedings concerning marks found on body of child born in April 2023. Not found that the marks were bruises, or that they had been inflicted by either parent. Application dismissed. Bracknell Forest Council v Mother & Ors [2024] EWFC 68 (27 March 2024): Bailii.

? Fact-finding hearing in care proceedings, in which the court found that the mother had fabricated or exaggerated symptoms suggesting that the child had kidney stones. GH (Fabricated Illness: Kidney Stones), Re [2024] EWFC 67 (21 March 2024): Bailii.

Human Fertilisation and Embryology

? Application for declaration of parentage relating to child conceived with donor sperm at fertility clinic, notwithstanding an issue with the paperwork. Declaration made. Y-Z (Declaration of Parentage), Re [2024] EWHC 649 (Fam) (21 March 2024): Bailii.

? Claim by fertility clinic seeking declaration that it is lawful for it to request that an egg donor provide a DNA sample for the purposes of genetic analysis. Declaration granted. Wessex Fertility Ltd & Ors v Donor Conception Network [2024] EWHC 587 (Fam) (15 March 2024): Baili

Latest Episode - 28.03.24 - Inside Family Law - A Barrister's Journey with George Fattal

Discover how to effectively manage your family law case with guidance from Joanna Toch and George Fattal of Family Law Cafe. Learn strategies to stay mentally balanced and navigate the complexities of legal proceedings with expert advice.

Upcoming Episode - 11.04.24 - Family Law & Immigration Featuring Protap Nath

How immigration matters are dealt with in the family court featuring Protap Nath, immigration and children law barrister. Discussion of what happens when there are immigration aspects in family law and how family law aspects are part of immigration law. Protap Nath spent 21 yeas in the Home Office and now works in private practice as a barrister specialising in immigration and private children law. Join us to understand how immigration issues are dealt with in a family case.

Next Webinar - 18.04.24 Thursday 12:05pm - Help! I'm Facing a Fact Finding Hearing in the Family Court

For those making or responding to welfare allegations, we discuss how to prepare for Fact Finding hearings, how give your best evidence and where your case will go after the hearing.

Family issue? Contact us at [email protected] or via our website, or call 02039 040506

Or send a DM?on social media