Family Law Cafe - This Weeks Newsletter 12.11.2024
Joanna Toch
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Here is this week's family law round-up.
Court of Appeal Orders Rehearing Due to Mistaken Evidence in Financial Remedies Case
In a recent Court of Appeal decision, a financial remedies case was ordered to be reheard after mistaken evidence affected the original judgment. The case involved a husband’s appeal of a financial remedy order, arguing that the wife incorrectly portrayed her assets, particularly a property in Singapore, as being inaccessible. This misrepresentation led the judge to award the husband less than he might have received if the asset had been considered available.?
However, new evidence revealed that the wife could indeed access an additional ￡325,000 from the sale of this property. The Court of Appeal held that the husband’s new evidence?should be admitted so that the case could be determined on the true facts. Accordingly, the appeal was allowed, and the case was remitted for rehearing.
Family Court Transparency Pilot Expands to Boost Public Trust
The Family Court reporting pilot now includes public and private law cases before magistrates, marking a major step toward increasing public confidence in the family justice system. The financial remedies reporting pilot has also been extended to the Royal Courts of Justice.
Full story: Courts and Tribunals Judiciary.
Domestic abuse age looked at after Holly murder
The age that domestic abuse victims are recognised by law is to be looked at after the murder of 15-year-old Holly Newton, the home secretary has told the BBC. Full story: BBC News.
Appeal judges reiterate that it is for the court to determine in adoption cases whether there should be ongoing contact with birth family
The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children. Full story: Local Government Lawyer.
Family justice system “lags far behind” other public services in terms of data availability and quality, Nuffield FJO warns
While professionals are working to improve data and its supporting infrastructure, the family justice system “lags far behind” other public services in terms of data availability and quality, a report by the Nuffield Family Justice Observatory (NFJO) has claimed. Full story: Local Government Lawyer.
Divorce applications wrongly approved after computer error, High Court hears
A hearing in London on Wednesday was told that 79 divorces were incorrectly approved after the applications were submitted a day before the law allows. An online system failed to detect that the submissions came a year after marriage, when the law only permits divorces from a year and a day. Full story: The Guardian.
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??Judgment dealing with the impact of a prenuptial agreement on the ownership of chattels acquired during the parties' marriage in the sole name of the wife, but purchased with funds drawn from joint accounts held by the parties. By the PNA, those joint accounts were to be treated as 'Joint Property'. Held that the chattels were the wife's property. Loh v Loh-Gronager [2024] EWFC 241 (29 July 2024): Bailii.
Child Abduction
??Appeal from refusal of father's application for summary return of children to France, the primary issue being the judge's approach to the mother's assertion that she would not accompany the children if a return order was made. Appeal dismissed. R (Child Abduction: Parent's Refusal to Accompany) [2024] EWCA Civ 1296 (30 October 2024): Bailii.
Child Arrangements
??Fact-finding in children proceedings, concerning in particular mother's allegations that father had touched child inappropriately. Allegations not proved. M v F [2024] EWFC 310 (B) (31 October 2024): National Archives.
Children Care Cases
??Application by mother of 17 year old child to discharge prohibited steps order preventing parents from removing child from jurisdiction, made following FGM concerns. PSO discharged. AS v London Borough of Waltham Forest & Anor [2024] EWHC 2808 (Fam) (05 November 2024) Bailii.
??Application by media company seeking permission to name local authority and police force who were criticised for failings in the course of care proceedings. Application refused. Tortoise Media v A Local Authority in Wales & Ors [2024] EWFC 306 (B) (15 October 2024): Bailii.
??Appeal by local authority against refusal to make placement orders in respect of two young children, on the grounds that adoption was inconsistent with the children's need for continuing contact with members of their birth family, in particular their two elder half-siblings. Appeal allowed. R & C (Adoption or Fostering) [2024] EWCA Civ 1302 (30 October 2024): Bailii.
Divorce Finances
??Financial remedy proceedings involving non-disclosure by the husband, adverse inferences against the husband, and conduct. Assets found to be available divided equally between the parties. B v B [2024] EWFC 311 (B) (13 August 2024): Bailii.
??Hearing of wife's financial remedies application, the primary issue being the value of the husband's music catalogue, and how that value should be shared. Catalogue valued and split 51%/49% in favour of the husband. ED v OF [2024] EWFC 297 (16 July 2024): Bailii.
Surrogacy
??Application for a parental order by same-sex couple, where the child was born in a country where surrogacy arrangements that involved same sex relationships are not permitted. Parental order made. Z (Foreign Surrogacy) [2024] EWFC 304 (24 October 2024): Bailii.
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