Family Law Update: February 2024 By Emma Pearce
Emma acts for a number of local authorities and also represents parents, children, grandparents and interveners in both care and adoption proceedings. She regularly acts in complex cases involving issues of sexual, physical and emotional abuse, drugs and alcohol abuse, domestic violence and children with medical conditions. Emma is regularly instructed in fact-finding hearings involving issues of non-accidental bruising, multiple fractures, allegations of sexual abuse and a recent case involving fabricated induced illness.
Public:
N, Re (Children: Findings Against A Professional Witness: Joinder or Intervention) [2024] EWFC 17 (30 January2024):
Care proceedings. Judgment considering the position of medical expert who the local authority asserted had been manipulated by the mother.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/17.html
P & Anor, Re [2023] EWFC276 (B) (22 December 2023):
Fact-finding hearing in care proceedings concerning, inter alia, injury to child. Found that injuryinflicted by father.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2023/276
A Father v Middlesbrough Council & Ors [2024] EWFC 15 (2 February 2024):
Care proceedings concerning 5year-old child. Child placed in foster care, with contact with family members.
https://caselaw.nationalarchives.gov.uk/ewfc/2024/15
Gloucestershire County Council v A & Ors [2024] EWFC 18 (B) (2 February 2024):
Care proceedings concerning child whose parents had long history of substance misuse, heard in FDAC. Supervision order made after parents achieved abstinence from drugs.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/18
A Local Authority v The Mother & Ors [2024] EWFC 19 (B) (31 January 2024):
Care proceedings concerning 4children, issued following concerns over care given to them by parents. Threshold met, but care applications adjourned pending updated care plans
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/19
Stockton Borough Council v M& Ors [2023] EWFC 260 (18 September 2023):
Care proceedings, issued following concerns focused around previous proceedings where M had been found to have caused injuries to child's older half sibling. Care order made.
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/260.html
AA, Re (Re Children Act 1989)[2023] EWFC 278 (27 November 2023):
Care proceedings concerning child born in 2022, issued following concerns that the parents had caused injuries to the child. Allegations that they had caused the injuries not proved.
https://www.bailii.org/ew/cases/EWFC/OJ/2023/278.html
YM (Care Proceedings)(Clarification of Reasons) [2024] EWCA Civ 71 (08 February 2024):
Appeal by LA from findings made in care proceedings. Appeal dismissed. Guidance given on process of seeking clarification of reasons given by the judge for findings.
https://www.bailii.org/ew/cases/EWCA/Civ/2024/71.html
L (Parents with disabilities)(Threshold), Re [2024] EWFC 24 (09 February 2024):
Care proceedings concerning very young girl, issued due to concerns that the parents, both of whom have disabilities, were unable to safely care for her.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/24.htm
D (Parentage: Local Authority Application) [2024] EWHC 305 (Fam) (15 February 2024):
Care proceedings. Applications by local authority for direction for DNA tests to determine child's paternity & for a declaration of parentage. Both applicationsd ismissed.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/305.html
O (Description of Sexual Abuse), Re [2024] EWCA Civ 126 (15 February 2024):
Care proceedings. Appeal by mother against finding that unintentional and negligent exposure of a child to adult sexual material constituted ‘sexual abuse’. Appeal dismissed.
https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/126
X (A child), Re [2023] EWFC264 (B) (8 December 2023):
Application by LA for permission to withdraw care proceedings, following receipt of medical evidenc indicating that the parents were not to blame for the child's injuries. Permission granted
https://caselaw.nationalarchives.gov.uk/ewfc/b/2023/264
The Mother & Anor v Shropshire Council & Anor [2024] EWHC 344 (Fam) (19 February 2024):
Care proceedings concerning 2year old child. Ordered that she should remain in the care of her parents.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/344
Slough Children First v Mother & Ors [2024] EWFC 31 (19 February 2024):
Fact-finding in care proceedings. Found that fractures suffered by child were not perpetrated by either parent using force beyond that which it would be reasonable for a parent to use.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/31
Re D F G and H (care proceedings) [2024] EWFC 30 (B) (1 February 2024):
Care proceedings, issued following concerns over the level of care provided by parents. Care orders made, with children to stay in foster care and have monthly contact with parents.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/30
CM (A Child), Re [2023] EWFC263 (01 November 2023):
Fact-finding in care proceedings regarding cause of injuries to child. Found that there was a real possibility that the injuries were caused by either the mother or the father.
https://www.bailii.org/ew/cases/EWFC/OJ/2023/263.html
The London Borough of Newham v Emma & Ors [2024] EWFC 29 (B) (9 February 2024):
Care proceedings concerning 2children, one the child of the parents, & the other the child of father and older daughter, who had been 14 when she gave birth. Care orders made.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/29
Re R (Children: Findings of Fact) [2024] EWCA Civ 153 (22 February 2024):
Care proceedings. Appeal by M against finding that injuries to child were caused by one of 6 relatives who were present, rather than accident. Appeal allowed & proceedings withdrawn.
https://www.bailii.org/ew/cases/EWCA/Civ/2024/153.html
West Northamptonshire Council v The Mother (Psychological Assessments) [2024] EWHC 395 (Fam) (23 February2014):
Application for a psychologist to undertake cognitive assessment of mother in care proceedings. Includes guidance regarding such applications.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/395
Gloucestershire County Council v Mother & Ors [2024] EWFC 38 (B) (21 February 2024):
Judgment concerning future of child who had been in care for nearly two years. Child to remain with foster parents under special guardianship order.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/38
A-G (Care Orders) [2024] EWFC 40 (26February 2024):
Care proceedings concerning 7 children, issued due to concerns that they were suffering harm through exposure to domestic abuse, parental drug misuse, and risks from parental criminal activity.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/40.html
A Local Authority v M & Ors [2024] EWFC35 (28 February 2024):
Rehearing of fact-finding in conjoined public and private law proceedings involving two children, to consider allegation that child had been sexually abused. Allegations not proved.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/35.html
Private:
I (A Child) (Relocation: Australia), Re [2024] EWFC 3 (B) (5 January 2024):
Application by mother for permission to relocate with child to Australia. Permission granted.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/3
F v A Local Authority &Ors [2024] EWFC 13 (13 November 2023):
Judgment considering barring order against father, following withdrawal of his application for contact with children in care. Barring order made.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/13.html
T (A Child) (No.2)(Transparency: Publication of the Party’s Names), Re [2024] EWHC 161 (Fam) (2February 2024):
Judgment following main judgment regarding F's contact with son, ordering that main judgment should be published when son 18, naming parents.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/161
Griffiths v Kniveton &Anor [2024] EWHC 199 (Fam) (02 February 2024):
F's application for direct contact, in case where he had been found to have raped M. No direct contact ordered and 3 year barring order made.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/199.html
W, Re (Abduction: Asylum)[2024] EWHC 189 (Fam) (01 February 2024):
F's application for return of children to the US, following their wrongful removal from the US in about July2019. Application dismissed, following finding that children were settled here.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/189.html
Mother v Father & Anor[2024] EWHC 272 (Fam) (05 February 2024):
Appeal by mother from order progressing father's contact with child to staying contact. Appeal allowed.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/272.html
Z and X (Visit to Ukraine),Re [2024] EWHC 314 (Fam) (14 February 2024):
Application by father for children to have contact with him in Ukraine. Application refused.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/314
GM & Anor v EB & Anor(Rules of Evidence) [2024] EWHC 288 (Fam) (12 February 2024):
Appeal by grandparents against order for indirect contact with their grandson. Appeal allowed, following finding that the judge had failed to apply rules of evidence.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/288
M v F & Anor [2024] EWFC34 (14 February 2024):
Fact-finding hearing to deal with allegations made in the context of Children Act proceedings, both parents claiming the other had harmed the child. All allegations not proved.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/34.html
FW v MJ [2024] EWFC 33 (B)(17 February 2024):
F's application for contact with daughter, following findings of coercive behaviour. Visiting contact ordered. F expected to complete DAPP before applying to increase the time the child spends with him.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/33
D v T [2023] EWFC 286 (11December 2023):
Father's application for permission to appeal order giving mother permission to relocate with children to Germany. Application dismissed.
https://www.bailii.org/ew/cases/EWFC/OJ/2023/286.html
Financial:
Savage v Savage [2024] EWCA Civ 49 (01 February 2024):
Appeal concerning whether to considering application under s.14 TOLATA where there is a dispute between the beneficiaries, can only have regard to the wishes of the majority of those beneficiaries.
https://www.bailii.org/ew/cases/EWCA/Civ/2024/49.html
TK v AC (Re Matrimonial Causes Act 1973) [2023] EWHC 2958 (Fam) (10 November 2023):
Appeal by H from order requiring him to pay maintenance and a legal services order to W, on the grounds that he had no assets and no income and was very heavily indebted.
https://www.bailii.org/ew/cases/EWHC/Fam/2023/2958.html
Dr Azari Ebrahim Hilal Aldoukhi v Dr Maytham Mahmoud Haji Haidar Abdullah [2023] EWHC 3438 (Fam) (20December 2023):
Judgment concerning implementation of orders made for sale of 3 properties and division of the proceeds, following divorce in Kuwait.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/343
L v O [2024] EWFC 6 (26January 2024):
Application by husband to set aside financial remedy orders on the basis of a supervening event which invalidated the basis on which the orders were made. Judgment dealing with, inter alia, a stay of those orders.
https://caselaw.nationalarchives.gov.uk/ewfc/2024/6
Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 256 (Fam) (8 February 2024):
App by W for permission to bring contempt proceedings against H for allegedly inventing a telephone call between H and W's solicitor, to debar W's solicitor from acting.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/256
Lazaros Panagiotis Xanthopoulos v Alla Aleksandrovna Rakshina (Costs) [2024] EWCA Civ 100 (8February 2024):
Hearing dealing with costs following husband's successful appeal against award made, following Russian divorce. Costs order made against wife.
https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/100
WX v HX [2023] EWFC 279 (21December 2023):
Hearing of W's financial remedies application, issues including valuation of H's shareholding in a family company and H's non disclosure of assets. W awarded matrimonial home +£40k costs.
https://www.bailii.org/ew/cases/EWFC/OJ/2023/279.html
Lazaros Panagiotis Xanthopoulos v Alla Aleksandrovna Rakshina [2024] EWCA Civ 84 (8 February2024):
H's appeal against award made under Part III MFPA 1984, following Russian divorce. Appeal allowed in part and award increased.
https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/84
KS v VS [2024] EWHC 278 (Fam)(12 February 2024):
Costs judgment following H’s successful application for stay of divorce & financial remedy proceedings in this jurisdiction, in favour of proceedings in Monaco. W ordered to pay £196,000 towards H's costs.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/278
TYB v CAR (Non Disclosure)[2023] EWFC 261 (B) (16 December 2023):
Judgment adjourning hearing of W's financial remedies application to require further disclosure from H, particularly re his claim that he had suffered a dramatic downturn in his income.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2023/261
LMZ v AMZ [2024] EWFC 28 (12February 2024):
Hearing of W's application for financial remedies, where she was aged 45 and H 93. W awarded total sum of£6.17 million, primarily to meet her needs.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/28.html
SY v Personal Representatives of the Estate of DY [2023] EWFC 280 (14 August 2023):
Appeal by H against pension sharing order, W having died shortly after the order was made. Order set aside and estate awarded lump sum.
https://www.bailii.org/ew/cases/EWFC/OJ/2023/280.html
AS v RS [2024] EWFC 32 (B)(16 February 2024):
Costs judgment following failed application for leave to apply for financial relief following overseas divorce. Applicant ordered to pay Respondent's costs.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/32
Other:
AS v AB [2024] EWFC 24 (01February 2024):
Application by husband for permission to appeal against non-molestation order and occupation order requiring him to vacate the matrimonial home. Permission granted.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/14.html
Z, Re (Surrogacy: Step-parentAdoption) [2024] EWFC 20 (30 January 2024):
Child born as result of surrogacy arrangement between a same-sex male couple. Step-parent adoption application by partner of biological father. No adoption order made.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/20.html
JANOCKOVA AND KVOCERA v.SLOVAKIA - 39980/22 (Article 8) [2024] ECHR 111 (8 February 2024):
Application by mother and son successfully claiming breaches of Arts 8 & 13 for failure of authorities to enforce contact order.
https://www.bailii.org/eu/cases/ECHR/2024/111.html
TKJ, Re (Abduction: HagueConvention (Italy)) [2024] EWHC 198 (Fam) (02 February 2024):
Application by father forsummary return of child to Italy. Application dismissed, after mother's Article13(b) harm defence made out.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/198.html
T (Father) v G (Mother)[2024] EWHC 246 (Fam) (9 February 2024):
Re-hearing of application by father for summary return of child to USA. Article 13(b) defence made out and application dismissed.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/246
CD v MD [2024] EWHC 118 (Fam)(25 January 2024):
Proceedings relating to enforcement of American child support order. Application by father for recusal of judge dealing with case, for apparent bias. Application dismissed.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/118
Z, Re (Prohibition On Cross-Examination: No QLR) [2024] EWFC 22 (09 February 2024):
Judgment considering the approach the court should adopt when it has directed that a QLR should be appointed for a party, but no QLR can be found.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/22.html
AB (a child) (Habeas Corpus),Re [2024] EWCA Civ 105 (14 February 2024):
Appeal by mother against dismissal of her writ for habeas corpus by which she sought the return to her care of her daughter, who lives with her father under a CAO. Appeal dismissed.
https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/105
E: Special Guardianship Order: Ukraine, Re [2024] EWHC 263 (Fam) (12 February 2024):
Application by maternal aunt for SGO in relation to a 12 year-old girl who is a Ukrainian national, and was sent to England by her mother after the outbreak of war.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/263
WB v VM [2024] EWHC 302 (Fam)(14 February 2024):
Application by mother for order that child be returned from Jordan. Application adjourned, to give parents opportunity to mediate.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/302
J v E (Habitual Residence)[2024] EWHC 196 (Fam) (8 February 2024):
Rehearing of father's application for return of child from Zambia. Return ordered, following findingthat child was habitually resident in England and Wales.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/196
Natalie Dawn Kennedy v Philip Thomas [2024]EWHC 303 (Fam) (14 February 2024):
Application by M for F's committal to prison for breach of orders for return of child to England and Wales. F committed to prison for 12 months, suspended for 28 days.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/303
X v X & Anor (Time BarredAdoption) [2024] EWHC 364 (Fam) (20 February 2024):
Step-parent adoption where notice to the local authority was given less than 3 months before the application. Time limit waived and adoption order made.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/364
A Father v A Mother [2024]EWHC 352 (Fam) (16 February 2024):
Application by father for summary return of children to Italy. Application dismissed, following finding that the children were not habitually resident in Italy on the relevant date.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/352
AB v XX & Anor (Special Guardianship Orders) [2023] EWFC 287 (08 October 2023):
Application by uncle for leave to apply for a SGO. Leave refused, following finding that the real reason for the application was to support his application to remain in the UK.
https://www.bailii.org/ew/cases/EWFC/HCJ/2023/287.html
R & Y (Children), Re[2024] EWCA Civ 131 (28 February 2024):
Appeal by M against order for the return of two children to the United Arab Emirates. Appeal allowed, after finding that judge had failed to adequately take into account findings of abuse by F.
https://www.bailii.org/ew/cases/EWCA/Civ/2024/131.html
Emma Pearce
KBG Chambers
