Family Law Cafe - This Week's Newsletter 02.01.2024
Joanna Toch
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Here is this week's family law round-up.
New Guidance on Parental Alienation: Protecting Children and Families
The Family Justice Council has released crucial new guidance addressing children’s reluctance, resistance, or refusal to spend time with a parent, often linked to allegations of parental alienation. This aims to foster consistency across courts, improve outcomes for families, and shield children and victims from potential litigation abuse.
Significantly, the guidance clarifies that parental alienation is not a diagnosable syndrome but a manipulative process where one parent undermines the child’s relationship with the other. The court must consider three factors before confirming alienating behaviours:
The child’s reluctance or refusal to engage with a parent.
The absence of justified reasons, such as actions by the resisted parent or other influencing factors.
The presence of behaviours by the other parent that directly or indirectly lead to the child’s resistance.
This framework also highlights the interplay between allegations of parental alienation and domestic abuse claims, urging caution and thorough evaluation of evidence.
Funding Cuts Jeopardise Support for Domestic Abuse Victims
Leading charities, including Rape Crisis England and Women's Aid, warn that funding cuts and increased national insurance contributions from April will have devastating effects on support services for domestic and sexual violence victims. These changes risk staff redundancies and reduced services, undermining efforts to halve violence against women and girls. While the government insists it is safeguarding victim support, experts caution that these financial pressures could leave many survivors without essential help.
Full story: The Guardian.
Divorces wrongly allowed to proceed due to courts’ IT error “not void”
Divorce applications submitted before they should have been and wrongly allowed to proceed due to an error in the courts’ IT system are voidable – but not void, the High Court has ruled. Full story: Legal Futures.
Law Commission publishes scoping report on financial remedies on divorce
Today the Law Commission has published a scoping report on the laws governing finances on divorce and the ending of a civil partnership. Full story: Law Commission.
Family lawyers react to financial remedies 'milestone'
Family lawyers have welcomed the Law Commission’s detailed work on the law governing finances on divorce but their initial observations suggest the road to reform could be long and complicated. Full story: Law Society Gazette.
Court of Appeal rejects appeal by council over designation as local authority in respect of interim care order
The Court of Appeal has criticised litigation between two councils over which of them is responsible for the care of a baby. Full story: Local Government Lawyer.
Family Court Statistics Quarterly: July to September 2024
Quarterly data on the 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.
Legal aid statistics quarterly: July to September 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.
Navigating Complex Waters: Court Ruling Highlights Gender Dysphoria Challenges
Appeal by mother from dismissal of application for orders in relation to youth's treatment for gender dysphoria, the mother having sought to have the application adjourned pending a 6-month assessment being undertaken in respect of the young person by a private gender dysphoria clinic. Appeal allowed. O v P & Anor [2024] EWCA Civ 1577 (19 December 2024): Bailii.
Adoption
??Applications by maternal aunt to adopt 3 children whose mother died in a car accident in 2012, and whose father has no involvement in their lives. Adoption orders made. A v Adopt London North & Ors [2024] EWFC 373 (20 December 2024): Bailii.
Child Abduction
??Appeal by father from order dismissing his application for summary return of child to Australia, on basis of harm due to risk of deterioration in mother's mental health. Appeal allowed and return order made. B (A Child), Re (Abduction: Article 13(B): Mental Health) [2024] EWCA Civ 1595 (20 December 2024): Bailii.
Child Arrangements
??Appeal by Children's Guardian against dismissal of mother's application to change name of child who identifies as non-binary from one associated with that of a male person to one commonly used by either gender. Appeal allowed. C (A Child)(Change of Given Name) [2024] EWCA Civ 1582 (18 December 2024): Bailii.
Children Care Cases
??Application by father to revoke placement orders, grounded upon his subsequent abstinence from alcohol. Application dismissed. AB v Durham County Council (Revocation of Placement Orders) [2024] EWFC 370 (17 December 2024): Bailii.
Children Medical Treatment
??Application by NHS Trust for declaration that it is not in best interests of child suffering from serious genetic disorder to continue to receive life sustaining treatment. Application dismissed. Birmingham Women's And Children's Hospital NHS Foundation Trust v KB & Ors [2024] EWHC 3292 (Fam) (18 December 2024): Bailii.
Divorce
??Application by Lord Chancellor for declarations in respect of 79 divorced couples that, on the date of the final order in their respective divorce proceedings, their marriages no longer subsisted, the divorce applications having been allowed to have been made a day before the law permits, due to a computer error. Held that the orders were voidable. The Lord Chancellor v 79 Divorced Couples [2024] EWHC 3211 (Fam) (19 December 2024): Bailii.
??Application by wife for injunction preventing husband from proceeding with foreign divorce until issue of jurisdiction determined. Injunction granted. T v B [2024] EWHC 3251 (Fam) (08 November 2024): Bailii.
Human Rights
??Application by mother claiming breach of Article 8 due to removal of children from her, and the discontinuation of contact between them, with the aim of preventing alienation from their father. Held, there had been a violation of Article 8. X AND OTHERS v. SLOVENIA - 27746/22 [2024] ECHR 909 (19 December 2024): Bailii.
??? Our New Podcast Episode Releasing Thursday 2nd January- What Really Happens in a Family Courtroom????
Specialist family law barrister Arlene Small speaks about the importance of transparency in family law. She shares how lifting the veil of secrecy helps clients understand the process, manage expectations, and feel better prepared. It’s time to move beyond the myths and embrace clarity.
?? “People sometimes think courtrooms look like EastEnders. When I explain what really happens, they’re stunned.”Arlene’s insights remind us that knowledge is power, especially in the emotionally charged world of family law.
?? Don’t miss an episode! Follow the link below for the full catalogue of our past Podcast episodes.
?? What's Coming Next for the?FLC Webinars Series
10th January 2025, 1pm - Divorce Finances with Q&A?
?? Don't miss this next part of our series, sign-up using the link below today!
Here's what else we have planned for the New Year:
25th January 2025, 1pm - Child Arrangements with Q&A
14th February 2025, 1pm - Narcissism in Family Law
Gain valuable insights from thought-provoking conversations with industry experts on the pressing issues shaping family law today. These live sessions are designed to provide clarity, knowledge, and practical takeaways, offering something for everyone. Don’t miss this opportunity to engage and learn!????
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