Family Law Cafe - This Week's Newsletter 18.02.2024
Joanna Toch
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Here is this week's family law round-up.
Breaking Barriers: New Neurodiversity Guidance for Family Lawyers
A groundbreaking guide from the Family Justice Council aims to reshape how family lawyers interact with neurodivergent individuals in the Family Justice System. With 15% of the population being neurodivergent, the guidance outlines practical ways to ensure fair participation for all, addressing the risks of misinterpretation and exclusion.
Key recommendations include:
By fostering understanding and making small yet impactful changes, the system promises better outcomes for families and children. Family lawyers are urged to embrace this vital step toward inclusive justice.
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Parental Alienation: A Silent Mental Health Crisis
Parental alienating behavior, where one parent undermines the child’s relationship with the other, is being called a mental health “endemic” by campaigners and researchers. A study by the University of West London found 40% of separated parents experienced this behavior, which can lead to serious mental health issues for children, including PTSD and depression. Campaigners are urging reforms to prevent worsening outcomes, as lengthy legal battles often cause irreversible damage to parent-child relationships. Enhanced counseling and better family court practices are recommended to address this growing child protection issue.
Full story: BBC News.
Local authorities cannot authorise deprivations of liberty of children in care, Court of Appeal rules
The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order. Full story: Local Government Lawyer.
Court orders ￡750,000 payment to fund wife’s divorce costs
The High Court has directed a husband to pay ￡750,000 to fund his wife’s legal costs – but warned there will be no tolerance of any reckless spending. Full story: Law Society Gazette.
High Court refuses application for deprivation of liberty order regarding disabled 15-year-old subject to care order
A judge has refused an application by a local authority for a declaration from the High Court that it is lawful and in the best interests of a 15-year-old boy with "profound enduring disabilities", who is the subject of a care order, to be deprived of his liberty. Full story: Local Government Lawyer.
??? Our Latest Podcast Episode: Breaking the Cycle:?Healing from Toxic Relationships ??
In this episode of the Family Law Cafe Podcast, host Joanna Toch speaks with Anna Florio, a relationship coach specialising in helping individuals—particularly men—navigate relationship challenges and post-divorce recovery
We discuss why people repeat unhealthy patterns, how past trauma affects relationship choices, and why men often struggle with emotional support during divorce. The conversation also explores emotional abuse, infidelity, and the psychological impact of breakups, offering insights into healing and self-awareness.
???Watch now and let us know what you think, and stay tuned for more great episodes!
Delayed Divorce Settlement Leads to Unequal Split of Assets
In a financial remedies case issued eight years after separation, a wife sought division of proceeds from the sale of the former matrimonial home. The Court awarded 65.5% of the net equity (￡178,733) to the husband and 34.5% (￡93,733) to the wife, citing her delay in making a claim and the husband’s need to accommodate the youngest child. Despite a long marriage and four children, the Court considered the parties' post-separation non-matrimonial assets and determined equality was not appropriate, justifying the division under s.25 factors and the husband’s reasonable financial arrangements post-separation.
QW v GH [2025] EWFC 19 (B) (31 January 2025): Bailii.
Child Abduction
??Fact-finding in application by mother stranded in Pakistan seeking to be reunited with her daughter in England. Child found to have suffered significant harm due to the actions of the father and his family. Z, Re (A Child) (Inherent Jurisdiction: Stranding: Significant Harm) [2025] EWHC 281 (Fam) (03 February 2025): Bailii.
??Judgment setting aside order for father to return 15 year-old child to the USA, due to a misunderstanding of the strength of the child's objections. K (A Child), Re (Setting Aside 1980 Hague Convention Return Order) [2025] EWHC 210 (Fam) (05 February 2025): Bailii.
Child Arrangements
??Appeal by father against, inter alia, no contact order (save in response to contact from children) and non-molestation order. Appeal against NMO only allowed, as it was incompatible with the child arrangements order. A Father v A Mother & Ors (Appeal) (Child Arrangements and Non-Molestation Orders) [2025] EWHC 229 (Fam) (5 February 2025): National Archives.
??Appeal by mother against summary dismissal of her application for a child arrangements order at a Dispute Resolution Appointment. Appeal dismissed. A, B and C, Re (Child Arrangements: Final Order at Dispute Resolution Appointment) [2025] EWCA Civ 55 (31 January 2025): Bailii.
Children Care Cases
??Appeal by parents against care and placement orders. Appeal allowed, after finding that there had been no effective risk assessment. T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025): Bailii.
??Care proceedings, issued following concerns including unexplained injury to one child, domestic abuse and poor home conditions. Care and placement orders made. S & H, Re [2025] EWFC 18 (B) (04 February 2025): Bailii.
Divorce Finances
??Final hearing of wife's financial remedies application following long marriage, in which the main issue was the valuation of the husband's business. Business valued and wife awarded lump sum representing her notional half share. GO v YA [2024] EWFC 411 (13 December 2024): Bailii.
??Wife's application to commit husband for failure to comply with order for financial disclosure. Breaches proved and husband committed to prison for 28 days suspended. Walton v Walton (Re Committal) [2025] EWFC 16 (B) (07 January 2025): Bailii.
Domestic Abuse
??Application for committal for contempt for breach of non-molestation order. Certain alleged breaches found proved, and defendant fined ￡200. Lafronte v Johnson [2025] EWFC 20 (B) (06 February 2025): Bailii.
Marriage
??Judgment considering whether the parties were married in a civil ceremony in 2009, the respondent claiming that he was not present. Held that the parties were married. Z v Z [2025] EWHC 276 (Fam) (04 February 2025): Bailii.
Surrogacy
? Application for a parental order in relation to child born in Nigeria following surrogacy arrangement, where surrogate's identity unknown. Parental order made, on basis surrogate cannot be found. H (Anonymous Surrogacy), Re [2025] EWHC 220 (Fam) (6 February 2025): Bailii.