18.06.2024 - Here is this week's family law round-up
Here is this week's family law round-up.
News Stories
Husband prevented from taking any further steps in case until he complies with financial order
Access to justice is of course a basic right. Anyone in need of a remedy to a legal problem may apply to the court to seek that remedy. And if the court makes an order in response to such an application, then that order ought to be obeyed.
But what if someone who seeks a remedy has also failed to comply with a previous court order??
A Hadkinson order is an order preventing a party from making or taking further steps in a case until they comply with a previous court order.?The court will only therefore make a Hadkinson?order as a last resort, where that party is in such wilful contempt of court, and that contempt impedes the course of justice.
A recent case in February provides an interesting and modern example of a? Hadkinson?order being upheld, regarding a husbands deliberate contempt of the issued?child maintenance order.
You can read the full report of the case here.
New project launched: investigating the pathways of families through private law proceedings
A new research project has been commissioned by the Nuffield Family Justice Observatory to provide important new evidence on the journeys that different families take through private law proceedings in England and Wales.?
Full story: Centre For Child And Family Justice Research.
Judge allows reporting of case where DNA tests established that three abandoned babies were full siblings
A new born baby abandoned in Newham, East London, has been found - following DNA testing - to be the third child abandoned by the same parents.?
Full story: Local Government Lawyer.
Mel B's family courts petition nears 25,000 signatures
A family courts petition set up by pop star Melanie Brown calling for judges to receive compulsory domestic abuse training designed and delivered with experts is nearing its target of 25,000 signatures.?
Full story: Law Society Gazette.
Vulnerable children locked up and ‘gravely damaged by the state’, England’s former top family judge warns
Sir James Munby says measure reflects government’s ‘shocking moral failure’ to help those with complex needs.?
Full story: The Observer.
Wife ordered to pay as divorce costs reach 'monumental' ￡3m
A High Court judge has ordered a woman to pay nearly a quarter of her former husband’s costs after legal spending on their divorce reached almost ￡3m.?
Full story: Law Society Gazette.
Fee boost for court-appointed lawyers in domestic abuse cases
The Law Society has urged the next government to monitor the impact of a 10% fee increase for lawyers appointed by the court to prevent domestic abuse complainants being cross-examined by their alleged perpetrator.?
Full story: Law Society Gazette.
Recently Reported Cases
Forced Marriage Protection
??Judgment in proceedings for Forced Marriage Protection Orders in relation to four children. FMPOs made in respect of three younger children. LA v M & Ors [2024] EWHC 1336 (Fam) (01 May 2024): Bailii.
Child Abduction
??Appeal by father from order dismissing his application for summary return of children to Mauritius. Appeal dismissed. C v M (A Child) (Abduction: Representation of Child Party) (Rev1) [2023] EWCA Civ 1449 (01 December 2023): Bailii.
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Child Arrangements
??Father's application for committal of mother for admitted breaches of orders in children proceedings. Mother ordered to pay ￡250 fine. A Father v A Mother (Application for committal for Contempt of Court) [2024] EWFC 127 (B) (05 June 2024): Bailii.
??Father's application for parental responsibility in relation to 2 children and order that older child be returned from Thailand. Fact-finding concerning allegations of abuse and issue of jurisdiction. J & H (Jurisdiction: 1996 Hague Convention : residual domestic jurisdiction: parental responsibility jurisdiction), Re [2024] EWHC 1395 (Fam) (29 February 2024): Bailii.
??Application by father for child arrangements order. Ordered that children live with mother and have indirect contact only with father. F v M [2024] EWFC 128 (B) (22 March 2024): Bailii.
??Hearing of proceedings concerning child, who mother alleged father had forced her to abandon abroad. Various order made, including order that child live with mother and financial provision order. A Mother v A Father [2024] EWHC 1313 (Fam) (01 March 2024): Bailii.
??Fact-finding in private law children proceedings, concerning allegations of abuse by both parties. All allegations found not proven. A v B [2024] EWFC 124 (B) (30 April 2024): Bailii.
Application by mother to revoke father's parental responsibility, the father having abused the mother and shown no interest in the child. Parental responsibility revoked. A, Re [2023] EWHC 3534 (Fam) (13 December 2023): Bailii.
??Proceedings concerning issue of whether child should be able to spend holidays with her mother in Japan. Held that this would not be in the child's best interests. CJ v ME & Anor [2024] EWFC 112 (24 May 2024): Bailii.
Children Care Cases
??Fact-finding in care proceedings to determine cause of injuries to child. Father found to have inflicted the injuries. A Council v Mother & Ors [2024] EWFC 122 (B) (31 May 2024): National Archives.
??Application by parents seeking return of child currently in care of Swedish social services. Application dismissed, after finding that the court had no jurisdiction. Y, Re [2024] EWHC 1373 (Fam) (09 May 2024): Bailii.
??Judgment in care proceedings considering issue of participation directions in relation to the mother, who was a victim of domestic abuse. X & Y, Re (Domestic Abuse: Participation Directions: Obligation to Consider) [2024] EWFC 121 (B) (18 April 2024): Bailii.
??Application by local authority for permission to withdraw care proceedings, following successful appeal by parents against finding that the child suffered an abusive head injury inflicted by one or other of the parents. Application granted. A County Council v L & Ors [2024] EWFC 120 (05 June 2024): Bailii.
Divorce Finances
??Hearing of wife's financial remedies claim, following short childless marriage. Disclosed assets: W: ￡61.5m H:￡850k. Effect given to prenuptial agreement & H awarded ￡453k for his needs. Helliwell v Entwistle [2024] EWHC 740 (Fam) (16 February 2024): Bailii. See also costs judgment, here.
??Hearing of wife's financial remedies application, involving assets of ￡50m, and issues of prenuptial agreement and needs of wife and children. Wife awarded about 8% of assets. AH v BH [2024] EWFC 125 (07 June 2024): Bailii.
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