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Family Law Newsletter: 29 February 2016

Date:29 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 President's Address at the Annual Dinner of the Family Law Bar Association 26 February 2016
29 February 2016
Sir James Munby, President of the Family Division, spoke at the Annual Dinner of the Family Law Bar Association last Friday (26 February 2016).

New Forms D650 and D651 to tackle HMCTS errors in Forms E and E1
29 February 2016
A Family Justice Written Ministerial Statement was laid in Parliament on 22 February 2016 by Mr Shailesh Vara regarding the errors which have previously been found in the calculations of HMCTS Forms E and E1.

Research into draft guidance for judges in anonymisation practices
28 February 2016
Dr Julia Brophy, Principal Investigator, Family Justice and Policy and Research Officer, has been awarded a grant by the Nuffield Foundation to develop draft guidance for judges in anonymisation practices.

Updated template to help social workers prepare for court launched
26 February 2016
The Association of Directors of Children's Services (ADCS) and the Children and Family Court Advisory and Support Service (Cafcass) have launched an updated template for local authority social workers to use when submitting evidence to support an application for a care or supervision order to the courts.

Judiciary consults on the approach courts should take to McKenzie Friends
25 February 2016
The Judicial Executive Board (JEB) has issued a consultation paper proposing reforms to the existing guidance for 'McKenzie Friends', non-lawyers who offer assistance and in some cases seek to appear as advocates on behalf of litigants-in-person (LIPs).

Court of Appeal gives permission to appeal in posthumous conception case
24 February 2016
The Court of Appeal has today given permission to bring an appeal in the case of IM v HFEA (Re M), a case involving the stored frozen eggs of a young woman who died prematurely from cancer.

Transparency Project publishes guidance on use of 'voluntary' accommodation of children
24 February 2016
The Transparency Project has today (24 February 2016) published guidance relating to voluntary accommodation of children by local authorities.

Court of Protection authorises termination of pregnancy
23 February 2016
The Court of Protection has authorised the termination of a young woman's pregnancy on the basis that she lacked capacity to decide and that it was in her best interests.

New research on family court judgments involving children and young people
23 February 2016
Dr Julie Doughty of the School and Law and Politics, Cardiff University, has been awarded a grant by the Nuffield Foundation to evaluate the responses to, and effects of, judicial guidance on publishing family court judgments involving children and young people.


PSL Essential Update - Fleshy February 2016
Amy Sanders – @Amy_Sanders1
29 February 2016
Given that the start of the year usually goes off at full speed, February can be the month where things plateau. However, on the Family Law frontier, the developments keep coming. This month we've seen updates to orders, new regulations and consultation papers - it's got some meat on its bones, so this month is Fleshy February.

Challenging an arbitral award: DB v DLJ [2016] EWHC 324 (Fam)
Alexander Chandler – @familybrief
26 February 2016
One of the reservations that has been expressed about family law arbitration is not knowing if the arbitral award will be binding.

Can one lawyer help two clients?
Mavis Maclean
26 February 2016
This article arises from the author's role at the Resolution debate in October 2015 in proposing the motion, 'this house believes there should be no barrier to one lawyer representing both parties in family cases'. It argues that with screening as used in mediation for undue influence or hostility, and with informed consent that one lawyer should be able to help both parties, particularly separating parents.

In a New York adoption state of mind
Simon Johnson – @StourChambers
26 February 2016
Over the last couple of years there has been much public concern, and comment from the senior judiciary and politicians, about the time taken to decide the future of children removed from their birth families as a result of neglect or abuse.

Promoting humane social work with families
Sarah Phillimore – @SVPhillimore
23 February 2016
On 19 February 2016 I attended the conference about promoting humane social work at Kings College London, which had been organised by the British Association of Social Workers (BASW) in conjunction with the University of Bedfordshire and Making Research Count.


Hearing Date: 24 February 2016
Mr Justice Mostyn
Family Division
Mostyn J gave judgment in favour of the husband on his application that the wife do show cause why an arbitral award (as supplemented) made by Mr Gavin Smith dated 2 July 2015 should not be made an order of the court.
See also, Challenging an arbitral award: DB v DLJ [2016] EWHC 324 (Fam)

MEDICAL TREATMENT: A Local Health Board v Y (A Child) [2016] EWHC 206 (Fam)
Hearing Date: 08 February 2016
Mr Justice Baker
Family Division
The local health board was granted declarations permitting the withdrawal and withholding of treatment in respect of the profoundly unwell young child.

PRIVATE LAW CHILDREN: DM and Another v SJ and Others [2016] EWHC 270 (Fam)
Hearing Date: 13 January 2016
Mrs Justice Theis
Family Division
A parental order was granted in respect of a child born as the result of a surrogacy agreement signed in Cyprus.

PRIVATE LAW CHILDREN: Re D (Children) [2016] EWCA Civ 89
Hearing Date: 11 February 2016
Lord Justice Patten, Lady Justice Black and Mr Justice Baker
Court of Appeal
The father's appeal from an order requiring him to pay the outstanding fees of an Independent Social Worker was allowed.

PRIVATE LAW CHILDREN: Re K (Children) [2016] EWCA Civ 99
Hearing Date: 19 February 2016
Lord Justice Vos, Lady Justice King and Lord Justice Simon
Court of Appeal
The father's appeal from an order for no direct contact was allowed.

Legislation and Guidance

Law Society Practice Note: In-house pro bono practice - regulatory requirements
23 February 2016
The Law Society has issued a Practice Note explaining the regulatory requirements that apply to in-house lawyers who provide or wish to provide pro bono services to the public.

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