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Family Law Newsletter: 15 February 2016

Date:15 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.


Updated private law orders released
15 February 2016
Minor amends to the CAP orders and Tick Box Form PLCO B for England and Wales as both wrongly referred to 'United Kingdom' as jurisdiction.

Commons Library publishes 'common law marriage' and cohabitation paper
15 February 2016
The Library of Commons last week (Tuesday 9 February 2016) published a new briefing paper relating to 'common law marriage' and cohabitation across England and Wales.

MOJ confirms closure of 86 courts
11 February 2016
The government has today (11 February 2016) announced their intention to close 86 courts across England and Wales.

Seven per cent increase in private law cases received by Cafcass in January
10 February 2016
Figures released by Cafcass show that, in January 2016, the number of private law cases received increased by 7% from January 2015 levels. A total of 2,953 new cases were received.

Care applications received by Cafcass in January increase by 16%
10 February 2016
Figures released by Cafcass show that the number of care applications received in January 2016 increased by 16% from those received in January 2015. A total of 1,040 care applications were received.

Bristol police successfully apply for FGM protection orders
10 February 2016
Avon and Somerset Police have this week become the latest force in the country to aid the prevention and ending of female genital mutilation (FGM) by seizing the passports of three girls who were travelling abroad from Bristol as soon-to-be victims of the practice.

Saudi businessman denied diplomatic immunity to defeat his former wife's financial claims
09 February 2016
The High Court has refuted a Saudi businessman's attempts to invoke diplomatic immunity to defeat his former wife's financial claims.

New State Pension sharing information published by DWP
09 February 2016
The Department for Work and Pensions yesterday (8 February 2016) published new information regarding the new arrangements for State Pension sharing being introduced on 6 April 2016, and how they will affect those who reach State Pension age from that date.


Pension offsetting: a question for the Family Court, or for an actuary?
Gwyn Evans
12 February 2016
In ancillary relief litigation, whose responsibility is it to quantify the value of future pension benefits and their non-pension substitutes if offsetting is being considered? What method should be applied to any comparison of pension and non-pension assets?

No fault divorce - family law in need of modernisation?
Sarah Green
09 February 2016
Almost half of all marriages today will end in divorce. Financial freedom, access to education, advances in technology and moves towards gender equality are all factors which have changed our attitudes towards the longevity of marriage.

Fear and loathing at the Family Mediation Council
Philippa Dolan
09 February 2016
The deadline's passed. Most of us didn't get there. By 'most of us', I'm identifying with the family lawyers who have trained as mediators and been mediating for thousands of couples over the years alongside their day-jobs as lawyers.


PUBLIC LAW CHILDREN: Re S (Children) [2016] EWCA Civ 83
Hearing Date: 09 February 2016
Lady Justice Black, Lady Justice Gloster and Lord Justice Vos
Court of Appeal
The father's appeal from case management decisions not requiring the 15-year-old complainant to give oral evidence during a fact-finding hearing was dismissed.

Hearing Date: 22 December 2015
Mr Justice Bodey
Family Division
The mother's application for a significant variation of periodical payments was struck out.

PUBLIC LAW CHILDREN: Re C (children) (Refusal to Make Interim Care Order) [2016] EWFC 7
Hearing Date: 26 January 2016
Mr Justice Holman
The Family Court
The application for the renewal of an interim care order was refused.

PRIVATE LAW CHILDREN: Re AZ (Children) (Relocation to Poland) [2016] EWFC 8
Hearing Date: 03 February 2016
Mr Justice Cobb
The Family Court
The mother was granted permission to relocate permanently to Poland with the child.

PRIVATE LAW CHILDREN: NTS and Others v Georgia (Application No. 71776/12)
Hearing Date: 02 February 2016
European Court of Human Rights
The European Court of Human Rights held that the order returning the children to the care of their father had violated their Art 8, European Convention rights.

PROPERTY: G v G [2015] EWHC 2101 (Fam)
Hearing Date: 06 July 2015
Mr Justice Bodey
Family Division
The judge determined that the English court had jurisdiction to hear the wife's application under TOLATA pursuant to Brussels I.

ENFORCEMENT: Re D (A Child) (International Recognition) [2016] EWCA Civ 12
Hearing Date: 27 January 2016
Lord Justice Moore-Bick, Lord Justice Ryder and Lord Justice Briggs
Court of Appeal
The father's appeal from a decision denying recognition of the Romanian order transferring custody of the child to him was dismissed.

FINANCIAL REMEDIES: Estrada v Al-Juffali [2016] EWHC 213 (Fam)
Hearing Date: 08 February 2016
Mr Justice Hayden
Family Division
The High Court has refuted a Saudi businessman's attempts to invoke diplomatic immunity to defeat his former wife's financial claims.