Family Law Cafe - This Week's Newsletter 28.01.2024
Joanna Toch
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Here is this week's family law round-up.
Rover's Rights:?Who Gets the Family Dog in Divorce?
Pets are often more than just animals—they’re family. But when a couple divorces, the question of who keeps the beloved pet can become contentious. While many hope to reach an amicable agreement, the recent case in the Family Court sheds light on how disputes over pets are resolved when compromise isn’t possible.
At the heart of the case was a Golden Retriever purchased by a couple in May 2022. Following their separation in November 2022, the wife became the dog’s primary carer, as it remained with her and the couple’s two children. Matters took a dramatic turn when the husband forcibly took the dog from the maternal grandmother during a walk, leading to police involvement and the dog's return with injuries. The Court ultimately ruled that the wife should retain the dog, citing her role as the carer and the emotional bond between the dog and the children.
This judgment highlights a crucial point: pets, in legal terms, are considered property, not dependents. However, the emotional and practical realities of their care do influence decisions. The court’s emphasis on the dog’s well-being and established home underscores the importance of stability for both pets and families during times of upheaval. This ruling serves as a reminder to couples to consider not just ownership, but the best interests of everyone involved—including their furry companions.
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Adoption Orders: Final and Irrevocable, Rules Court of Appeal
The Court of Appeal has ruled that Courts lack the jurisdiction to set aside validly made adoption orders on welfare grounds, reaffirming that such orders are intended to be final unless overturned through an appeal. The judgment highlights Parliament’s clear intention to provide permanence and stability for adopted children, underscoring that rescinding adoption orders outside the appeal process is beyond the Court’s powers.?
Full story: Local Government Lawyer.
Tycoon's ex-wife awarded ￡43.5m in divorce payment
The ex-wife of a green energy tycoon has been awarded more than ￡40m after their divorce by a High Court judge. Full story: BBC News.
Bar Chair calls for rollout of ‘problem-solving’ courts to tackle violence against women and girls
The Bar Council is calling on the UK government to prioritise funding the rollout of Pathfinder ‘problem solving courts’ as a step towards meeting its aim of halving violence against women and girls. Full story: Bar Council.
National lead judge on divorce provides guidance on reconciliation and final orders
The national lead judge on divorce has given guidance on whether a final order should be made when parties have reconciled for more than a year following the granting of a conditional order. Full story: Law Society Gazette.
Tory bill to ban marriage between cousins is ‘damaging’ and ‘unenforceable’
Experts say ‘science-based approaches’ are better than legislation to combat declining trend. Full story: The Guardian.
Court of Appeal hears challenge to High Court ban on naming judges in Sara Sharif family case
An order made by a High Court judge to restrain the naming of judges who sat in proceedings concerning the late Sara Sharif, who was murdered by her father and stepmother, infringed upon the principle of open justice 'in a manner that is without any known precedent', the Court of Appeal heard today. Full story: Law Society Gazette.
Parental mental health biggest cause of child protection referrals in England
Poor parental mental health has overtaken domestic violence as the most commonly reported factor in social worker assessments into whether a child is at risk of serious harm or neglect, according to new research. Full story: The Guardian.
Jilted and Jewelled, the Court Orders Fiancée to Return Stolen Jewellery
An application under the Married Women's Property Act 1882 for the return of various items of jewellery the applicant asserted were stolen from him by his former fiancée. Fiancée ordered to return the jewellery within 7 days. RI v NG [2025] EWFC 9 (B) (07 January 2025): Bailii.
Adoption
??Appeal by adoptive mother against refusal of application to revoke adoption orders, on the basis that the court lacked jurisdiction to set aside a validly made adoption order. Appeal dismissed. X and Y, Re (Children: Adoption Order: Setting Aside) [2025] EWCA Civ 2 (13 January 2025): Bailii.
Child Abduction
??Application by father for summary return of child to Australia. Mother claimed child would suffer harm due to her not returning with him. Not accepted that mother would be unlikely to return, so return ordered. GK v HX [2024] EWHC 3463 (Fam) (19 November 2024): Bailii.
Child Arrangements
??Application by mother to vary shared care order made in October 2023, by reducing the time the child spends with his father. Held that the application was without merit. Application generally refused, and barring order made. M v F [2024] EWFC 393 (B) (05 September 2024): Bailii. See also costs judgment here, when a costs order was made against the mother and her solicitors.
Children Care Cases
??Fact-finding/welfare hearing in care proceedings concerning 3 children, in which a central issue was one child's allegations of physical chastisement against her father. Allegations found to be essentially true and care orders made. London Borough of X v Mother & Ors [2025] EWFC 8 (B) (09 January 2025): Bailii.
??Final hearing of care proceedings, issued following concerns over domestic abuse and drug abuse by the mother. Child placed with maternal grandmother, under a special guardianship order. London Borough of Merton v E & Ors [2024] EWFC 391 (B) (16 December 2024): Bailii.
Divorce
??Application for the Court to exercise its discretion and permit the making of a conditional divorce order to be made final notwithstanding the passage of 12 months, and where the parties had reconciled for 15 months after the conditional order. Held that the applicant should be entitled to apply for final order. HK v SS [2025] EWFC 5 (B) (14 January 2025): Bailii.
Divorce Finances
??Final hearing of husband's financial remedies application, the primary issue being the value of the ’matrimonial’ element of the husband's business. Wife awarded ￡43.51m, leaving her with 37.9% of the total asset base. Vince v Vince [2024] EWFC 389 (20 December 2024): Bailii.
??Application by wife for committal of husband for breach of orders made in long-running financial remedy proceedings. Contempts proved and husband given immediate 42 day prison sentence. Barclay v Barclay [2024] EWFC 395 (B) (20 December 2024): Bailii.
??Application by the wife for a legal services payment order, primarily to pay costs of financial remedy proceedings. LSPO made. SM v BA (Legal Services Payment Order) [2025] EWFC 7 (16 January 2025): Bailii.
??Application by husband to set aside a financial remedies order on the grounds that the judge had not considered his possible Capital Gains Tax liability on the disposal of overseas assets. Application dismissed. XY v XX [2024] EWFC 387 (B) (08 November 2024): Bailii.
??Final hearing of husband's financial remedies application, the primary asset being the former matrimonial home. Ordered that the property be sold and the wife receive 69% of the net proceeds. Wife also to retain the parties' dog. FI v DO [2024] EWFC 384 (B) (20 December 2024): Bailii.
??Application by wife for maintenance pending suit and a Legal Services Provision Order. Husband ordered to pay, inter alia, MPS of ￡12,000 pm and a LSPO. HA v EN [2025] EWHC 48 (Fam) (06 January 2025): Bailii.
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