UK mother unlawfully denied legal aid in case against abusive ex, court rules
MoJ guidance found to be wrong after woman trying to enforce custody agreement denied funds as son no longer lived with her. Full story: The Guardian.
Court of Appeal rejects claim by mother Family Court should not have made placement order after her lawyers withdrew at advanced stage
The Family Court did not act unfairly when a judge refused to adjourn an adoption case when the mother’s solicitors withdrew at a late stage, the Court of Appeal had decided. Full story: Local Government Lawyer.
Most vulnerable to be given more support to pay for court and tribunal fees
The most vulnerable will be better supported to access justice despite the rising cost of living thanks to new proposals published today (7 March) to reform the government ‘Help with Fees’ scheme. Full story: Ministry of Justice.
Cafcass delivering ‘high quality services to children, families and the family courts’: Ofsted
Ofsted has published its letter of findings following a focused visit to Cafcass in January. Full story: Family Law Week.
Two Child Support Bills progress through Commons
The Child Support Collection (Domestic Abuse) Bill and the Child Support (Enforcement) Bill. Full story: Family Law Week.
Re C (foster care or family placement) [2023] EWFC 24 (25 January 2023)
Care proceedings concerning 11 year old girl of mixed heritage. Judgment considering whether she should remain in foster care or be placed with family members in the USA. Full report: National Archives.
Father’s application for return of children to Sweden. Application refused, after defences of acquiescence and grave risk of harm made out. Full report: Bailii.
Application by Thames Valley Police for disclosure to them and the CPS of documents from private law proceedings, in which a non-molestation order was made against the father. Application refused. Full report: Bailii.
Application by father for return of child to Slovakia. Application dismissed, following finding that child was habitually resident in the UK on the relevant date. Full report: National Archives.
Re C & A (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father) [2023] EWHC 516 (Fam) (9 March 2023)
Public law proceedings. Application by mother seeking to remove parental responsibility from man found not to be biological father of one of the children. Full report: National Archives.
Deprivation of liberty application in relation to 16 year old. Judgment concerning lack of secure accommodation in Wales. Full report: Bailii.
HORVATOVICH v. HUNGARY – 12141/16 (Judgment : Article 8 – Right to respect for private and family life : First Section Committee) [2023] ECHR 233 (09 March 2023)
Complaint under Article 8 that the Hungarian authorities had failed to enforce decisions in relation to the applicant’s contact rights with his daughter. Held, there had been a violation of Art 8. Full report: Bailii.
DUBAS v. UKRAINE – 51222/20 (Judgment : Article 8 – Right to respect for private and family life : Fifth Section Committee) [2023] ECHR 237 (09 March 2023)
Application complaining of Art 8 violation for alleged failure of the authorities to implement a judgment setting out contact arrangements between the applicant and his daughter. Held, there had been a violation of Art 8. Full report: Bailii.
Judgment of President providing guidance upon the practice to be adopted when court orders need to be served upon a person who is thought to be residing at a women’s refuge. Full report: Bailii.
C v M [2023] EWHC 208 (Fam) (03 February 2023)
Father’s application for the return of children to the jurisdiction of Mauritius. Return ordered, despite mother’s defences under Article 13 (1)(b) and the child’s objections under Article 13 (2). Full report: Bailii.
W v Z [2023] EWHC 469 (Fam) (3 March 2023)
Mother’s application for return of 2 children to the USA. Application granted, following finding that at the time of their removal the children’s habitual residence was in the USA. Full report: National Archives.
Teasdale v Carter & Anor [2023] EWHC 490 (Fam) (07 March 2023)
Appeal by wife from decision that daughter was entitled to the transfer of a property into her sole name on the basis of a proprietary estoppel. Appeal dismissed. Full report: Bailii.
B v C [2023] EWHC 291 (Fam) (28 February 2023)
Application by mother for various orders in relation to child. Judgment considering whether a person with foreign parental responsibility for the child should receive notice of the proceedings. Full report: Bailii.
Application by father for summary return of child to country X. Fact-finding concerning mother’s allegations of domestic abuse. Full report: Bailii.