Family Law Cafe - This Weeks Newsletter 15.10.2024
Joanna Toch
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Here is this week's family law round-up.
The Impact of Delay in Financial Remedies Claim
Typically, financial remedies claims are made during separation or divorce, which is the ideal approach. But what happens if there's a delay? A recent case in the Central Family Court in London provides insight.
After separating in 2011 due to the husband's gambling, financial remedy proceedings weren't initiated until 2020, nine years later. The wife, now a GP with substantial assets, claimed the husband had agreed not to pursue any claims if she handled their debts. The court found no valid reason for the delay and ruled that it significantly reduced the husband's entitlement. Ultimately, he received a ￡35,000 lump sum and a portion of the wife’s pension.
Delays in such claims can drastically affect the outcome. Need guidance and support with your financial remedy case??Enquire with Family Law Cafe today, and let us help you write your next chapter.
Father Takes Habeas Corpus Battle to Supreme Court After Children Taken Into Care
Next week, the Supreme Court will consider a case over whether an appellant father’s application for a writ of habeas corpus in respect of his children, who are being raised in a local authority's care, should have been granted.?
Full story: Local Government Lawyer.
Family court judges use victim-blaming language in domestic abuse cases, finds AI project
Research by herEthical AI reveals attitude of disbelief and ‘stereotypical assumptions’ about survivors in England and Wales. Full story: The Guardian.
High Court highlights importance of financial dispute resolution after judge dispensed with FDR process
Financial dispute resolution is an ‘integral part of the court process’ and a judge should not have dispensed with it, the High Court has found. Full story: Law Society Gazette.
How domestic abusers use pets to control victims
Research from the charity Cats Protection found that out of 31 women’s refuges and domestic abuse organisations in Wales it surveyed, none would take pets alongside their owners fleeing abuse. Full story: BBC News.
English council may ask parents of children taken into care to pay half of costs
Derbyshire authority proposes asking for up to ￡113 a week for children in care under voluntary arrangements. Full story: The Guardian.
Man who sent girl to Iraq for FGM jailed in legal first for England and Wales
Former PhD student given four-year ‘deterrent sentence’ for conspiring to commit FGM and forced marriage. Full story: The Guardian.
Featured?Case:?Mother’s Legal Bid to Sell Husband’s Property Blocked, Court Sets Conditions for Child’s Return Amid Litigation?in?Dubai
Application by mother for an order for sale of husband's property, to finance litigation in Dubai seeking return of child. Held that the court did not have power to make the order, but could make such an order if the mother makes a contempt application in relation to the father's continued breach of an order made by the English court for the return of the child. AB v CD [2024] EWHC 2521 (Fam) (03 October 2024): Bailii.
Child Arrangements
??Child arrangements proceedings, where one child to live with mother and the other with father. Final hearing to determine, inter alia, arrangements for contact. A Mother v A Father (Private Law Final Hearing) [2024] EWFC 267 (B) (19 September 2024): Bailii.
Children Care Cases
??Final hearing of care proceedings concerning two teenaged children, following findings that the parents had assaulted them. Care orders made, with a care plan of long-term foster care. Wokingham Borough Council v The Mother & Ors [2024] EWFC 273 (B) (07 October 2024): Bailii.
??Care proceedings regarding 6 year-old child, issued following concerns over domestic abuse and alcohol misuse. Care order made and child placed with maternal grandparents in Poland. Natalia (Placement with Grandparents in Poland), Re [2024] EWFC 269 (B) (06 September 2024): Bailii.
Divorce Finances
? Appeal against decision in financial remedy proceedings to dispense with FDR appointment. Appeal allowed, and FDR directed. GH v GH [2024] EWHC 2547 (Fam) (03 October 2024): Bailii.
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