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Family Law newsletter: 4 April 2016

Date:1 APR 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.


PSL Essential Update - Madonna's March
01 April 2016
We've been bracing ourselves for a deluge of FPR changes, guidance, draft standard orders and the like this month, in the run-up to year end. There's been a bit, but nowhere near a deluge, a few bits and pieces to catch up on. Here is a summary of some of the key developments in family law last month.

New single CAP order form comes into force today
01 April 2016
The Family Division has released a new CAP order form that comes into force today, amalgamating all previous versions into one simple form, with a record nine sub-components.

Proportion of cases with unrepresented parties continue to rise
31 March 2016
The latest Family Court statistics published today (31 March 2016) show that the proportion of cases with unrepresented parties is continuing to rise.

Number of MIAMs continue to fall
31 March 2016
The latest legal aid statistics published today (31 March 2016) show that the number of MIAMs are continuing to fall.

Resolution and LAPG criticise decision to make CCMS compulsory
30 March 2016
The Legal Aid Agency has today announced that all new civil Legal Aid applications must be made using the Client and Cost Management System from 1 April 2016.


Sex and the simple test?
Alex Ruck Keene
04 April 2016
In London Borough of Southwark v KA and Others [2016] EWHC 661 (Fam), Parker J had to grapple - again - with the question of whether a young person had capacity to consent to sexual relations and to marry.

Decoding divorce
Jo Carr-West
01 April 2016
For those adjusting to life after separation, thoughts might now be turning to the technical aspects of the divorce itself, and they may find themselves bewildered by the challenges this process presents.

Radicalisation cases in the family courts - Part 2: Practicalities and pitfalls
Jo Delahunty QC & Chris Barnes
30 March 2016
This is the second in a series of articles considering the impact of radicalisation and extremism on practice in the family courts. In this article we turn to consider the guidance provided by Hayden J and some of the specific practical challenges likely to have been countered - police co-operation and disclosure, publicity and reporting issues and the procedure for electronic tagging.

A day in the life of ... Piers Pressdee QC

Piers Pressdee QC
30 March 2016
I am a children law silk at 29 Bedford Row, who on a day-to-day basis purports to provide high quality advice and representation in children law cases.

Do's and don'ts of committal application

25 March 2016
Ashley Murray, Barrister, reviews the recent decision and related guidance provided to practitioners by Parker J in W v H (No 2) (Contempt: Contents of Application Notice) [2015] EWHC 2436 (Fam) in relation to the contents of notices of application for committal for breach of orders/undertakings in financial remedy proceedings.


Hearing Date: 23 March 2016
Mrs Justice Russell
The Family Court
Orders were made for no direct contact between the father and the three children and pursuant to s 91(14) of the Children Act 1989 for 2 years.

ABDUCTION: BP v DP (Children: Habitual Residence) [2016] EWHC 633 (Fam)
Hearing Date: 21 March 2016
Mrs Justice Roberts
Family Division
The mother’s application for a return order under the Hague Convention was dismissed on the basis that the children were habitually resident in England and Wales.

PUBLIC LAW CHILDREN: Re FM (A Child) [2016] EWCA Civ 189
Hearing Date: 23 March 2016
Lord Justice McFarlane, Lady Justice Sharp and Mr Justice Baker
Court of Appeal
The mother’s appeal from a special guardianship order in favour of her sister was dismissed.

ENFORCEMENT: Re L (A Child); Re Oddin [2016] EWCA Civ 173
Hearing Date: 22 March 2016
Sir James Munby P, Lord Justice Vos and Mrs Justice Theis
Court of Appeal
The father’s appeal from a committal order sentencing him to 6 months’ imprisonment was allowed.

FINANCIAL REMEDIES: Besharova v Berezovsky [2016] EWCA Civ 161
Hearing Date: 22 March 2016
Sir James Munby P, Lord Justice Vos and Sir Stephen Richards
Court of Appeal
The wife’s appeal from the declaration clarifying a term of the consent order was dismissed.

MEDICAL TREATMENT: County Durham and Darlington NHS Foundation Trust v SS [2016] EWHC 535 (Fam)
Hearing Date: 11 March 2016
Mr Justice Cobb
Family Division
The NHS Trust was granted a declaration that it was lawful and in the child’s best interests to treat her in accordance with clinical discretion including whether or not to resuscitate her in the event of her collapse.

ENFORCEMENT: Hammerton v United Kingdom (Application No. 6287/10)
Hearing Date: 17 March 2016
European Court of Human Rights
The European Court of Human Rights unanimously held that there had been a violation of Art 6 of the European Convention.

FINANCIAL REMEDIES: Robertson v Robertson [2016] EWHC 613 (Fam)
Hearing Date: 08 March 2016
Mr Justice Holman
Family Division
In financial remedy proceedings the wife was awarded 31.66% of total assets of approximately £220m derived from the ASOS online fashion company.

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