Family Law Cafe - This Week's Newsletter 21.01.2024
Joanna Toch
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Here is this week's family law round-up.
Defiance Leads to Detention: Husband Jailed for Breaching Occupation Order
A recent Family Court case highlights the serious consequences of breaching occupation orders during the breakdown of a relationship. Following their separation, a wife obtained non-molestation and occupation orders against her husband, requiring him to vacate their former matrimonial home, pay the mortgage, and allow her to return with their four children. The orders also granted her use of the property’s furniture and contents. However, the husband defied the orders, refusing to pay the mortgage or utilities and stripping the property of essential items, including the boiler, water tank, and integrated appliances, leaving the home uninhabitable. Despite promising the Court to restore the removed items, he failed to do so. The Court found his actions deliberate and calculated, demonstrating a complete disregard for the orders and the well-being of his family.
Deeming an immediate custodial sentence necessary to secure compliance, the Court sentenced the husband to three months in prison, noting that no lesser penalty would suffice given his persistent defiance. The judgment served as a reminder that breaches of court orders carry significant consequences and that purging contempt requires genuine remorse, acknowledgment of wrongdoing, and a willingness to atone. This case underscores the vital importance of adhering to court-imposed obligations during family disputes and the potential for imprisonment when orders are deliberately ignored.
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Only 5% of people with legal problems seek advice from solicitor
A recent Ministry of Justice survey revealed that only 5% of people experiencing legal problems sought advice from a solicitor, with cost concerns cited as a primary barrier. Among various issues, family law matters—such as relationship breakdowns—had the highest proportion (43%) of individuals seeking legal help, compared to significantly lower rates for disputes over property ownership (23%) or rented property issues (12%). The findings highlight the need to address public awareness of legal issues and the accessibility of affordable legal services to ensure more families receive the support they need.
Full story: Legal Futures.
Judge slams council as he denies birth mother contact with four-year-old child
A family judge has ruled it is too soon for a four-year-old adopted girl to have direct contact with her birth mother. In BM v AM & Ors, His Honour Judge Marin said agreeing to the mother’s application for contact once or twice a year could present an ‘almost guaranteed risk’ of harm to the child. Full story: Law Society Gazette.
Pension valuation delays leave teachers 'in limbo'
More teachers have told the BBC they have experienced emotional and financial strain after enduring long waits to get a divorce, following delays in pension valuations. Full story: BBC News.
First person convicted of breaching new domestic abuse order in London
A 25-year-old man has become the first person to be convicted of breaching a Domestic Abuse Protection Order in London. Full story: Care Appointments.
‘We’re coming for you,’ English police chief tells domestic abusers
A senior English police officer at the vanguard of a new national approach to catching rapists has put domestic abusers in her sights. Full story: The Guardian.
Family court transparency push goes national
Journalists and legal bloggers will be able to report on cases in any family court in England and Wales following a decision by the Family Procedure Rule Committee announced this week. Full story: Law Society Gazette.
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Divorce Finances
??Final hearing of financial remedies claim, in case where the husband was the beneficiary of a large inheritance. Wife awarded 65% of liquid assets (9% of the total assets), calculated by reference to her needs. ST v AR [2025] EWFC 4 (9 January 2014): Bailii.
Adoption
??Application by birth mother for leave to apply for direct contact with her child, who had been adopted. Leave refused. BM v AM & Ors [2024] EWFC 383 (B) (26 November 2024): Bailii.
Children Care Cases
??Care proceedings concerning 4 children, issued following findings of abuse by father in private law proceedings, including bringing them to England, leaving the mother in Pakistan. Care orders made with plan to remove children from father's care, with a view to them being rehabilitated to their mother's care. Child A & Ors, In the Matter Of [2024] EWFC 385 (23 December 2024): Bailii.
??Fact-finding in care proceedings concerning 12 month-old child, regarding allegations of sexual abuse by the father, made by another child. Allegations found proved. Sheffield City Council v Mother & Ors [2025] EWFC 3 (B) (09 January 2025): Bailii.
Domestic Abuse
? Application by wife to commit husband for contempt for breach of an occupation order. Husband found to be in contempt and sentenced to 3 months in prison. Siton v Morrison [2025] EWFC 2 (B) (03 January 2025): Bailii.