Family Law Cafe - This Week's Newsletter 04.02.2024
Joanna Toch
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Here is this week's family law round-up.
Reconciliation Doesn’t Always Stop Divorce
A recent Family Court case in Bournemouth confirmed that a couple who reconciled for 15 months after starting divorce proceedings could still finalise their divorce.
English law encourages reconciliation, requiring legal representatives to discuss it with applicants and enforcing a 20-week "reflection period" before a conditional order is granted. However, if more than 12 months pass before applying for a final order, the Court has discretion to decide whether to grant it.
In this case, the couple initially separated in 2022, applied for divorce, and obtained a conditional order in October. Instead of finalising it, they reconciled from March 2023 to June 2024. When one party later sought to proceed with the divorce, the Court had to determine whether the reconciliation invalidated the application.
The judge ruled that since past divorce law permitted separation-based divorces after two years, a reconciliation under that timeframe shouldn’t prevent finalisation. He noted that denying the order would only delay the inevitable, as either party could reapply immediately.
This case highlights the flexibility of modern divorce law in balancing reflection with finality.
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Commissioner calls to end justice lottery for domestic abuse victims
A report by the Domestic Abuse Commissioner reveals that domestic abuse victims are being failed at every stage of the criminal justice system, from police response to probation. The report highlights inconsistencies in how cases are handled, leading to a "justice lottery" where outcomes depend on location rather than law. It calls for urgent reforms to ensure victims receive the protection and justice they deserve.?
Full story: Domestic Abuse Commissioner.
Press now allowed to report from family courts
Journalists can now report from family courts in England and Wales in what the UK's most senior family judge has called a "watershed" change. Full story: BBC News.
Stalking protection orders very rarely used
Measures to stop stalking victims being harassed further are hardly being used, a campaigner has warned. Full story: BBC News.
‘I can’t sleep, I’m terrified’: the rise in mothers having their babies taken away within days of giving birth in England
Charity finds ‘inhumane’ system is forcing women to defend themselves in court, sometimes from their hospital beds, while in fear of having their newborn child taken from them. Full story: The Observer.
President issues guidance on use of intermediaries, lay advocates and cognitive assessments in Family Court
The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on the use of intermediaries, lay advocates and cognitive assessments in the Family Court. Full story: Local Government Lawyer.
Supreme Court to issue ruling next week on application by father for writ of habeas corpus over children in care
The Supreme Court will next week (29 January) hand down its judgment on a father’s application for a writ of habeas corpus in respect of his children, who are being raised in a local authority’s care. Full story: Local Government Lawyer.
Family Court judge criticises local authority analysis as “deeply flawed”, finding council failed to apply ‘nothing else will do’ principle
The Family Court has dismissed a council’s application for care and placement orders, finding that the authority failed to properly apply the principle that adoption should only be sanctioned where “nothing else will do”, and that it failed to apply the relevant welfare checklist. Full story: Local Government Lawyer.
President issues guidance on public law cases with international element
The President of the Family Division, Sir Andrew McFarlane, has issued updated guidance on obtaining information from other jurisdictions for public law children cases which have an international element. Full story: Local Government Lawyer.
Better protection for victims thanks to new law on sexually explicit deepfakes
Malicious predators who create sexually explicit deepfakes without consent can expect to face the full force of the law under a new amendment to legislation. Full story: Ministry of Justice.
Melanie Brown calls for action rather than talking on domestic abuse
Melanie Brown has urged the Government to increase the funding for domestic abuse charities as she complained that “talking” about the issue is not the way to fix the problem. Full story: Care Appointments.
? Financial remedies judgment, published un-anonymised, as the judge considered that the husband's behaviour and disrespect shown to the court in relation to orders, non-compliance and dishonesty was something which ought to be the subject of public scrutiny. MacQueen v MacQueen [2024] EWFC 400 (B) (09 February 2024): Bailii.
Child Arrangements
? Child arrangements proceedings, in which the question arose whether a declaration of non-parentage in respect of a man who is named on the child's birth certificate as the father, renders his acquisition of parental responsibility void. Held that he did not acquire parental responsibility when he was mistakenly registered as the child's father on her birth certificate, and so he never held parental responsibility. KL v BA (Parental responsibility) (Rev1) [2025] EWHC 102 (Fam) (27 January 2025): Bailii.
? Judgment extending for further 2 years extended civil restraint order made against father after father had made numerous meritless applications following child arrangement proceedings. M, Re (Extension of Extended Civil Restraint Order) [2024] EWFC 375 (10 December 2024): Bailii.
Children Care Cases
? Care proceedings relating to 2 year-old child with cerebral palsy, issued following concerns over her parenting. Child placed with maternal grandparents, under child arrangements order. Sheffield City Council v Mother & Ors [2025] EWFC 10 (B) (24 January 2025): Bailii.
? Application for care and placement orders in relation to 1 year-old child, issued following concerns including drug abuse and domestic abuse. Application dismissed and special guardianship order granted to foster carers. D (A Child), In the Matter Of [2024] EWFC 396 (B) (27 November 2024): Bailii.
Divorce Finances
? Application by wife for maintenance pending suit and a legal services payment order. Husband ordered to pay MPS of ￡33k pm plus other expenses, and 85% of wife's costs. PM v RM [2025] EWFC 11 (20 January 2025): Bailii.
? Hearing of wife's financial remedies application, in which the key issues were the valuation of assets, including the husband's business, and the extent to which the husband's pre-marital assets should be taken into account in the final outcome. Non-pension assets found to be ￡10.2m, most of which were matrimonial, and divided equally. AF v GF [2024] EWHC 3478 (Fam) (25 November 2024): Bailii. See also addendum judgment, here.
Miscellaneous
? Appeal from refusal to name judges in historic Family Court proceedings relating to Sara Sharif. Appeal allowed. Tickle & Anor v The BBC & Ors [2025] EWCA Civ 42 (24 January 2025): Bailii.
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