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Family Law newsletter: 23 May 2016

Date:19 MAY 2016
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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.


President declares that UK law should give single parents through surrogacy the same rights as couples
20 May 2016
Sir James Munby, the President of the High Court Family Division, has made a formal declaration that UK law discriminates against single parents with children born through surrogacy and is incompatible with their human rights.

MoJ opens consultation on appeals to the Court of Appeal and proposed CPR amendments
23 May 2016
The Ministry of Justice (MoJ) has opened a consultation on appeals to the Court of Appeal, plus proposed amendments to the Civil Procedure Rules (CPR) and the associated Practice Directions.


The impact of technology on family law: Part 1 - Procedure
Byron James
20 May 2016
Byron James discusses the two main impacts technology has on the family law practitioner: procedure will increasingly focus more on the online and less on paper, and the way that we use technology in cases - for discovery and enforcement - will become more and more important.

Brexit: England and Wales as a global family law leader or EU-emasculated?
David Hodson
19 May 2016
With so many horror stories of 'Project Fear' if we were to leave the EU, what is and might be the family law position? I wrote on this subject 12 months ago in the concluding chapter of Jordan Publishing's International Family Law Practice and little has changed. I identify first the concerns about EU involvement and ambitions in our family law and then analyse the impact on areas of family law if we left.

Brexit: to Hell in a handcart - Episode One
Rebecca Bailey-Harris & John Wilson QC
18 May 2016
We two authors are avowedly in favour of the United Kingdom remaining within the European Union. Our views are founded in the political and social realities on which membership is based and from which the legal consequences flow.

Parental alienation: surely the time has come to effect change?
Deborah Eaton QC, Stephen Jarmain, Lisa Fabian Lustigman - @StephenRJarmain
18 May 2016
Dealing with the causes and consequences of parental alienation is one of the most difficult tasks faced by the Family Court. This article precedes a special conference on the issue, involving a distinguished panel of family lawyers and professionals, which took place at Withers LLP on 24 May 2016.

Does a qualifying post-nuptial agreement preclude a 'second bite of the cherry' under the Matrimonial and Family Proceedings 1984?

James P. Webb
16 May 2016
Absent any vitiating factors, to what extent does a post-nuptial agreement expressed to be in 'full and final settlement' affect a claim in England and Wales for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 (the 1984 Act)?


PRIVATE LAW CHILDREN: Re Z (A Chid) (No 2) [2016] EWHC 1191 (Fam)
Hearing Date: 16 May 2016
Sir James Munby, President of the Family Division
Family Division
The President of the Family Division made a declaration that s 54(1) and s 54(2) of the HFEA 2008 were incompatible with Art 8 taken in conjunction with Art 14 of the European Convention.

PUBLIC LAW CHILDREN: Re E (A Child) [2016] EWCA Civ 473
Hearing Date: 07 April 2016
Lord Justice McFarlane, Lady Justice Gloster and Lady Justice Macur
Court of Appeal
The Court of Appeal allowed the appeal from findings of sexual abuse made against the father and his teenage son.

PUBLICITY AND REPORTING: PJS v News Group Newspapers Ltd [2016] UKSC 26
Hearing Date: 19 May 2016
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Reed and Lord Toulson
Supreme Court
The Supreme Court by a majority of 4:1 allowed the appeal and continued the interim injunction pending the final hearing.

FINANCIAL REMEDIES: T v R (Maintenance After Re-Marriage: Agreement) [2016] EWFC 26
Hearing Date: 02 March 2016
Mrs Justice Parker
The Family Court
The wife's application to strike out the husband's application to vary a maintenance agreement was dismissed.

PRIVATE LAW CHILDREN: Re X (Foreign Surrogacy: Child's Name) [2016] EWHC 1068 (Fam)
Hearing Date: 21 January 2016
Mrs Justice Theis
Family Division
A parental order was granted in the name requested by the commissioning parents.

ABDUCTION: Re LN (A Child) (Without Notice Application for Summary Return) [2016] EWHC 1033 (Fam)
Hearing Date: 29 April 2016
Mr Justice Holman
Family Division
The father's application for a summary return order in respect of his child who had been abducted almost 2 years ago was refused.

PUBLIC LAW CHILDREN: Local Authority X v HI and Others [2-16] EWHC 1123 (Fam)
Hearing Date: 12 May 2016
Mrs Justice Roberts
Family Division
An injunction preventing information regarding the 15-year-old being disclosed to his parents during care proceedings was continued.

Legislation & Guidance

Public Guardian practice note: family care payments
19 May 2016
The Office of the Public Guardian (OPG) has published a practice note on family care payments, also known as gratuitous care payments. It sets out the legal framework and the OPG's view of how Court of Protection deputies should approach family care payments, including factors for them to consider when deciding on the level of such payments.

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