21.05.2024 - Here is this week's family law round-up

News Stories

Father’s “need to be right” stops his direct contact with child

In a recent High Court case, a 10-year-old child's welfare was jeopardised by the ongoing conflict between his parents, which had been exacerbated since their separation in 2017.?

The father's obsessive behaviour, marked by numerous complaints against professionals and the child's school, led to significant emotional harm to the child.?

Despite the child's love for his father, Mrs Justice Lieven determined that the father's actions were detrimental, and ordered no direct contact between them to allow the child and mother to stabilise their relationship.?

She also barred the father from making further applications for two years without court permission.

You can read the full article on our website HERE including the full report of the case.

Clampdown on non-paying parents Child Maintenance consultation

A clampdown on parents who refuse to take financial responsibility for their children has been set out by the government today.

In a shakeup of the Child Maintenance Service (CMS), the Department for Work and Pensions aims to improve the system so more children get the financial support they are due.

This includes ending the option of direct payments between parents through the CMS, meaning if parents do not pay it will be detected and enforcement action can be taken sooner.

It also asks what further support the CMS can provide to help separated parents make family-based arrangements, which are agreed by parents, without state intervention, and how the CMS can better support victims and survivors of domestic abuse.

The proposals come on the back of new laws which will fast track enforcement powers on wilfully non-paying parents including seizing cash and assets, forcing the sale of property and in the most serious cases, imprisonment – ensuring every child of separated parents is financially supported.

Full story: Department for Work and Pensions.

Families and households in the UK: 2023

Estimates of families (with and without children), people living alone and people in shared accommodation, broken down by size and type of household.?

Full story: Office for National Statistics.

Child rapists to automatically have parental responsibility stripped

Vile abusers who rape a child will have their own parental responsibilities automatically removed under new laws.?

Full story: Ministry of Justice.

Council and Guardian win appeal over whether fact-finding hearing was unnecessary

The Court of Appeal has allowed appeals brought by a local authority and a children’s guardian against a judge's decision in care proceedings that a fact-finding hearing was unnecessary.?

Full story: Local Government Lawyer.

Domestic abuse survivors ‘put in danger by early prison release of perpetrators’

Survivors of abuse being put in danger by plans to release prisoners 70 days early, says commissioner.?

Full story: The Guardian.

Recently Reported Cases

Child Abduction

? Application by father for summary return of child to Ukraine, defended by mother on basis of grave risk of harm due to serious domestic abuse by father. Return ordered, after finding that protective measures were sufficient. A, Re (Article 13b, Ukraine) [2023] EWHC 3524 (Fam) (01 December 2023): Bailii.

? Application by father for summary return of children to Sweden. Mother's grave risk of harm defence not made out, and return ordered. H v A [2024] EWHC 997 (Fam) (16 April 2024): Bailii.

Child Arrangements

? Application by mother for costs following successful appeal against an order for the appointment of a psychologist to undertake a family assessment. No costs order made. A and B (children: expert's reports), Re [2024] EWHC 1120 (Fam) (02 May 2024): Bailii.

? Application by wife/mother for a legal services payment order with respect to both financial and Children Act proceedings. Husband/father ordered to pay ￡200,000. MB v CD [2024] EWHC 751 (Fam) (02 April 2024): Bailii.

? Proceedings concerning arrangements for a 10 year-old child. Ordered that father's contact be scaled back to supervised only, and barring order made against father until child reaches 14. SP v WR & Anor [2024] EWFC 93 (03 May 2024): Bailii.

? Proceedings between parents concerning a 16 year-old's treatment for gender dysphoria, including mother's application for a prohibited steps order. Interim orders discharged and proceedings brought to an end. O v P & Anor [2024] EWHC 1077 (Fam) (08 May 2024): Bailii.

Children Care Cases

? Fact-finding hearing in care proceedings concerning 3 children, issued following concerns about their exposure to domestic abuse, allegations of sexual abuse and the parents' use of physical chastisement. Various allegations found proved. London Borough of Tower Hamlets v The Mother & Ors [2024] EWFC 88 (B) (15 March 2024): Bailii.

? Care proceedings, issued following concerns about the domestic abuse of the mother by the father. Care orders made, authorising the local authority to remove the children to foster care. XJA & YJA (Children), Re (Care Orders: Domestic Abuse) [2024] EWFC 97 (13 May 2024): Bailii.

? Care proceedings. Appeal by mother against decision, largely based upon three sets of hair strand testing reports, to remove three children, all of whom are the subjects of interim care orders in its favour, from the care of their maternal grandmother and maternal uncle. Appeal allowed. D, Re (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498 (10 May 2024): Bailii.

Children Medical Treatment

? Application by NHS Trust for authority to administer blood products if necessary during operation on 17 year-old raised as a Jehovah's Witness. Application refused. J (Blood Transfusion: Older Child: Jehovah's Witnesses), Re [2024] EWHC 1034 (Fam) (15 April 2024): Bailii.

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Join Joanna for a compelling conversation with Reina Menezes D'Costa, the?entrepreneurial force behind Bizlaw UK.?Reina discusses her professional path, the creation of her consultancy, and how her legal expertise intersects with family law and business issues

Latest Webinar - 16.05.24 Thursday 11:00am - Can I appeal? Children and Finances Appeals

Not sure if you should appeal a family case or how to do so? Joanna explains the test for appeals in children and finances cases, what you need to do, how you need to do it including time limits and how the court will deal with your appeal

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