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Family Law Newsletter: 1 February 2016

Date:1 FEB 2016
The family law newsletter provides you with all the latest news, judgments, articles and guidance to ensure you are up to date with the latest developments and their impact on practice.

The Family Law Update continues in Birmingham this Thursday! Register now for our first ever free breakfast session with Rhys Taylor on Pension Offsetting.  


HHJ Bellamy issues local section 20 practice guidance
29 January 2016
In the light of recent developments in case-law in respect of the use (and misuse) of section 20, Children Act 1989 by local authorities when children are voluntarily accommodated in their case, Leicester Designated Family Judge, HHJ Bellamy, has issued local section 20 practice guidance.

Family Law Awards 2016 details revealed
29 January 2016
Jordan Publishing is pleased to announce that the 6th annual Family Law Awards will be held on Wednesday 23 November 2016 at the Bloomsbury Big Top, one of the most exclusive event venues in London.

Court of Protection to increase transparency with start of pilot scheme
29 January 2016
A pilot scheme begins today which will see the public and media gain access to Court of Protection hearings across England and Wales for the first time.

The ICACU releases guidance on care cases with an international element
28 January 2016
The International Child Abduction and Contact Unit (ICACU) has published a form and guidance notes where co-operation into and out of the jurisdiction under either Brussels IIa or under the 1996 Hague Convention is required in care proceedings.

Harsh evidence tests leave 40 per cent of domestic violence victims at risk
28 January 2016
This month the Court of Appeal will decide whether to overturn a High Court ruling on the lawfulness of government changes to legal aid for domestic violence victims.

Parker J provides comprehensive review of the law and guidance on committal applications
28 January 2016
In W v H (No 2) (Contempt: Contents of Application Notice) [2015] EWHC 2436 (Fam) Parker J provides a comprehensive review of the law and guidance on the subject of committal applications in her decision on a wife's application for committal in respect of the husband's alleged breaches of a lump sum order and undertakings.

Trailblazing therapy helps warring parents work together in the interests of their children
27 January 2016
A new programme has demonstrated that it is possible to successfully engage parents 'entrenched' in emotionally damaging and costly legal disputes surrounding the care of their children.

Resolution survey seeks views of family law professionals
27 January 2016
Family Law organisation Resolution is conducting a survey and would like to hear from anyone working in the area of family law. The survey offers the opportunity to help make a difference and change the shape of family law.

LiP friendly private law orders released
26 January 2016
The President of the Family Division, Sir James Munby, has announced that private law orders are to be updated. The prescribed orders that were produced in conjunction with the Child Arrangements Programme have not been doing what was intended of them - namely, to make life easier - and, so, a team of district judges have revisited the issue and produced new litigant-in-person-friendly drafts.


Marriage is here to stay: Steinfeld and Another v Secretary of State for Education [2016] EWHC 128 (Admin)
Mark Sage
29 January 2016
Further to my post 'Could this be the end of marriage?', it would appear not after the High Court today rejected the claims of Ms Steinfeld and Mr Keidan to change the law to allow them to enter a civil partnership.

Press reporting of care proceedings
Lucy Reed and Louise Tickle
29 January 2016
In this article we consider our recent experience of applying for, and securing, permission to report the details of care proceedings in the case of Tickle v Council of the Borough of North Tyneside & Others [2015] EWHC 2991 (Fam( (19 October 2015).

PSL Essential Update - January: what's new for the New Year?
Paula Tanner
29 January 2016
As usual for this time of year, January has been a fairly quiet month for family law news, following the Christmas and New Year break. However, there have been some interesting developments.

Researching Reform: Why children will matter in 2016
Natasha Phillips
27 January 2016
Child welfare as an area of policy has never been regarded as a political priority, and, whilst children should always matter regardless of time or place, this has not always been the case in world history - or British politics.

Clerklife: I've got the power!
Not A Barrister
26 January 2016
After successfully booking in my first case, I was now deemed trustworthy enough to take phone calls and, very occasionally, if everyone else was too busy and it wasn't a complicated request, I was allowed to book cases into the diary.


MARRIAGE AND DIVORCE: Steinfeld and Anor v Secretary of State for Education [2016] EWHC 128 (Admin)
Hearing Date: 29 January 2016
Mrs Justice Andrews
Queen's Bench Division
The claimants' application for judicial review and a declaration of incompatibility with the European Convention of Human Rights of the decision not to permit a heterosexual couple to register a civil partnership was dismissed.

Hearing Date: 28 January 2016
Sir James Munby, President of the Family Division
The Family Court
The father's application for a child arrangements order was dismissed on the basis of his sexual offending and the mother's application for a s 91(14) order was also dismissed.

Hearing Date: 11 December 2015
His Honour Judge Lord Meston QC (sitting as a deputy High Court Judge)
Family Division
Orders were made in financial remedy proceedings on the basis of a clean break and equal division of the assets with provision for lump sum payments to the husband by the wife to equalise their pension entitlements.

COURT OF PROTECTION: Birmingham City Council v D [2016] EWCOP 8
Hearing Date: 21 January 2016
Mr Justice Keehan
Court of Protection
D, aged 16, was voluntarily accommodated in a residential unit by the Local Authority under s 20, Children Act 1989. The issue for Keehan J to determine was whether D was being deprived of his liberty, or whether his voluntary accommodation under s 20 meant that he could not be so deprived.

PRIVATE LAW CHILDREN: GB v Lithuania (Application No. 36137/13)
Hearing Date: 19 January 2016
European Court of Human Rights
The court held by a majority that in proceedings to enforce a custody order there had been no violation of Art 8 of the European Convention.

PUBLIC LAW CHILDREN: Re W-M (Children) [2015] EWCA Civ 1201
Hearing Date: 06 October 2015
Lord Justice McFarlane, Lady Justice Macur and Lord Justice Vos
Court of Appeal
The mother's appeal from supervision and contact orders was dismissed.

Hearing Date: 21 January 2016
Mrs Justice Roberts
Family Division
In proceedings for enforcement of a German maintenance order the court referred questions to the European Court of Justice for a preliminary ruling.

Hearing Date: 28 October 2015
Mr Justice Moylan
Family Division
An adoption order was made in relation to the 7-year-old child who was of British/Latvian descent.

Hearing Date: 20 January 2016
Lord Justice Ryder, Lord Justice Vos and Mr Justice Cobb
Court of Appeal
The mother's appeal from care and placement orders in relation to the young child was dismissed.

ENFORCEMENT: W v H (No 3) (Contempt in Financial Remedy Proceedings and Costs) [2015] EWHC 2842 (Fam)
Hearing Date: 21 August 2015
Mrs Justice Parker
Family Division
The husband was sentenced for contempt in the course of financial remedy proceedings.

ENFORCEMENT: W v H (No 2) (Contempt: Contents of Application Notice) [2015] EWHC 2436 (Fam)
Hearing Date: 21 August 2015
Mrs Justice Parker
Family Division
In this case, Parker J provides comprehensive review of the law and guidance on committal applications in her decision on a wife's application for committal in respect of the husband's alleged breaches of a lump sum order and undertakings.

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