Family Law Update: March 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.
March Family Case Law update:
Public Law:
A Local Authority v The Mother & Ors [2024]EWFC 37 (B) (8 February 2024): Judgment in care proceedings considering what contact M should have with the child, who is currently in foster care, in the light of the fact that M had twice abducted her.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/37
London Borough A v A & Ors [2024] EWFC 46(21 February 2024):
Care proceedings, in which the primary issues related to domestic abuse and neglect. Case conducted within the FDAC, despite having almost no issues in relation to substance misuse
https://www.bailii.org/ew/cases/EWFC/OJ/2024/46.html
N (Adoption – Surrogacy), Re [2024] EWFC 41 (29February 2024): Adoption application made by married couple in respect of child born as a result of a surrogacy arrangement in 2005, where the husband is the hild's genetic father. Adoption order made.
https://caselaw.nationalarchives.gov.uk/ewfc/2024/41
The Local Authority v B & Anor [2024] EWFC43 (B) (22 February 2024): Care proceedings re 3 year old child, issued following concerns over parents' ability to provide him with safe care. Care order made. Child to remain living with paternal grandparents.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/43
Peterborough City Council v Mother & Ors[2024] EWHC 493 (Fam) (06 March 2024): Application by LA for a DoLs order in respect of a very severely disabled 12 year old child. Application refused
https://www.bailii.org/ew/cases/EWHC/Fam/2024/493.html
Tortoise Media Ltd v A Local Authority &Ors [2024] EWFC 50 (08 March 2024): Application by media company to report on care proceedings, in which the parents are under investigation arising out of the discovery of the body of a baby.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/50.html
R, Re (A Parent with Disabilities) [2024] EWFC47 (26 January 2023): Care proceedings, issued over concerns that the mother, who suffers from serious disabilities, is not able to provide the level of care that the child requires. Care order made.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/47.html
A Local Authority v M & Ors [2024] EWFC 56(23 February 2024): Care proceedings concerning two children, one to remain with her maternal aunt as her foster carer under a care order, and the other to remain in the care of her maternal grandmother.
https://www.bailii.org/ew/cases/EWCOP/2024/56.html
Prospective Adopters v London Borough of Ealing & Ors [2023] EWFC 294 (14 November 2023): Judgment considering whether to make an adoption order placing child with his prospective adopters or sanction a phased return and placement with his birth mother.
https://www.bailii.org/ew/cases/EWFC/OJ/2023/294.html
Z, Re (Infant Fatality) [2024] EWHC 618 (Fam)(18 March 2024): Fact-finding hearing in care proceedings issued following death of sibling. Findings included that the child died as a result of the gross neglect of the stepfather.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/618.html
Barnsley Metropolitan Borough Council v EM& Ors [2024] EWHC 657 (Fam) (21 March 2024): Applications by LA, following making of care order in relation to 12 year-old child, for s.91(14) and Extended Civil Restraint orders against father. Both orders made.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/657.html
J, Re (Care Plan for Adoption) [2024] EWCA Civ265 (22 March 2024): Appeal by mother against a care order made in respect of her 9 month-old son. Appeal allowed.
https://www.bailii.org/ew/cases/EWCA/Civ/2024/265.html
The Local Authority v M & Ors [2024] EWFC70 (B) (21 March 2024): Care proceedings concerning 4 children, issued after children found to have suffered multiple minor injuries. Care orders made.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/70
Bracknell Forest Council v Mother & Ors[2024] EWFC 68 (27 March 2024): Fact-finding in care proceedings concerning marks found on body of child. Not found that the marks were bruises, or that they had been inflicted by parents. Application dismissed
https://www.bailii.org/ew/cases/EWFC/OJ/2024/68.html
GH (Fabricated Illness: Kidney Stones), Re[2024] EWFC 67 (21 March 2024): Fact-finding hearing in care proceedings, in which the court found that the mother had fabricated or exaggerated symptoms suggesting that the child had kidney stones.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/67.html
Private Law:
X v Y [2024] EWFC 42 (B) (19 January 2024):Child arrangements application by father, in which the issue arose as to whether the child should be told that the applicant was his father. Held that he should.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/42
M v F [2024] EWFC 55 (13 March 2024):Fact-finding hearing in child arrangements proceedings. Mother's allegations of abuse by father found to be proved.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/55.html
A, B & C, In the Matter Of [2024] EWFC 25(09 February 2024): Application by F in private law proceedings for fact-finding judgment, in which the court found that the mother had been disrupting the father's relationship with the children, to be published.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/25.html
L (a boy - fact-finding hearing), Re [2024]EWFC 60 (13 March 2024): Fact-finding hearing in child arrangements proceedings, concerning allegations made by each party against the other. Allegations of abuse by father found proved.
https://www.bailii.org/ew/cases/EWCOP/2024/60.html
X & Ors, Re [2024] EWFC 62 (15 March 2024):Child arrangements proceedings. Application by mother for s.91(14) order barring the father from making any further applications without first obtaining leave. Order made until children reach the age of 16.
https://www.bailii.org/ew/cases/EWCOP/2024/62.html
C v D [2024] EWHC 658 (Fam) (25 March 2024):Final hearing of application by F for staying contact with 2 children aged 11and 5. No overnight contact ordered, following finding that F had used stress positions as a form of punishment of the older child.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/658.html
ZR v TP [2023] EWHC 3407 (Fam) (13 December2023): Appeal by mother against dismissal of application for permission to relocate with child to Germany. Appeal allowed and permission granted.
https://www.bailii.org/ew/cases/EWHC/Fam/2023/3407.html
H & Anor v S & Anor [2024] EWHC 730(Fam) (27 March 2024): Child arrangements dispute between child's 2 fathers and her mother, including application by fathers for permission to relocate abroad. Permission granted
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/730
M v F (Finding of Fact Hearing: Coercive and Controlling behaviour), Re [2024] EWFC 65 (B) (9 February 2024): Fact-finding in child arrangements proceedings. Father found to have subjected the mother to coercive and controlling behaviour.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/65
Financial:
Z (No.5) (Enforcement), Re [2024] EWFC 44 (4March 2024): Applications by M relating to the enforcement of award of under Schedule 1 Children Act. Orders made, including for freezing order to continue and capitalisation of child support.
https://caselaw.nationalarchives.gov.uk/ewfc/2024/44
C v D (No 2) (2007 Hague Convention) [2024]EWFC 36 (27 February 2024): Re-hearing of the appeal of the father against the registration of a child support order made in Colorado in February 2019. Appeal dismissed
https://caselaw.nationalarchives.gov.uk/ewfc/2024/36
PS v NB [2023] EWHC 3485 (Fam) (06 December2023): Judgment in financial remedy proceedings dealing primarily with wife's applications for maintenance pending suit and a legal services payment order.
https://www.bailii.org/ew/cases/EWHC/Fam/2023/3485.html
X (Financial Remedy: Non-Court Dispute Resolution), Re [2024] EWHC 538 (Fam) (08 March 2024): Judicial discussion of use of non-court dispute resolution, including FPR changes due on 29 April 2024
https://www.bailii.org/ew/cases/EWHC/Fam/2024/538.html
AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 54 (05 March 2024): Preliminary judgment in financial remedy proceedings considering whether 2 properties were matrimonial property.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/54.html
Merryman v Merryman & Ors [2024] EWFC 58(14 March 2024): Judgment considering claims by 4 children of husband that they held an interest in 4 properties subject to a financial remedies claim. Held that they had an interest in 2 of the properties.
https://www.bailii.org/ew/cases/EWCOP/2024/58.html
Williams v Williams [2023] EWHC 3479 (Fam) (25October 2023): Application for committal of H for contempt for failing to comply with an order for him to file Form E. H committed to prison for 56 days, suspended on terms that he file Form E within 28 days.
https://www.bailii.org/ew/cases/EWHC/Fam/2023/3479.html
AW v RH (Financial Remedy Proceedings) [2024]EWFC 64 (15 March 2024): Final hearing of H's financial remedies claim, the central issue being how the net proceeds of sale of the FMH should be divided. Proceeds divided 51% to H and 49% to W.
https://www.bailii.org/ew/cases/EWFC/OJ/2024/64.html
ES v SS (No 2) [2024] EWFC 59 (18 March 2024):Financial remedies. Judgment dealing with family trust. Held that the trust should be wound up and the net proceeds divided equally.
https://www.bailii.org/ew/cases/EWFC/HCJ/2024/59.html
A Mother v A Father [2024] EWFC 63 (B) (19February 2024): Application for financial provision for child. Father to pay £150Kto be used to purchase a property for child, such sum to revert to F once child finishes his secondary education or turns 18.
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/63
Other:
NG v CJ [2024] EWHC 338 (Fam) (8 February2024): Application by mother for return of child to Pakistan, the child having been brought to England by his father in July 2023. Return ordered.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/338
H v A [2024] EWHC 476 (Fam) (26 February 2024):
Application by father for summary return of children to Sweden. Application adjourned to ascertain, inter alia, whether the mother would be arrested if she were to return with the children to Sweden.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/476.html
Tousi v Gaydukova [2024] EWCA Civ 203 (06 March2024): Appeal by 'husband' from a transfer of tenancy order in relation to the family home made in favour of the 'wife' following a void marriage, on basis that the parties were cohabitants. Appeal dismissed.
https://www.bailii.org/ew/cases/EWCA/Civ/2024/203.html
Peterborough City Council v Mother & Ors[2024] EWHC 493 (Fam) (06 March 2024): Application by LA for a DoLs order in respect of a very severely disabled 12 year old child. Application refused.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/493.html
PZ (A Child) (Hague Convention: Art 13(B)), Re[2024] EWHC 489 (Fam) (6 March 2024): Application by father for summary return of child to New Zealand. Mother's Art 13(b) grave risk of harm defence not made out and return ordered.
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/489
VAGDALT v. HUNGARY - 9525/19 (Article 8) [2024]ECHR 199 (07 March 2024): Application by F claiming violation of his Art 8right due to his inability to contest a declaration of paternity in respect of his biological child.
https://www.bailii.org/eu/cases/ECHR/2024/199.html
Y & K, Re (Children: Summary Return Application: Asylum) [2024] EWHC 555 (Fam) (12 March 2024): Application by Ffor return of children to Germany under inherent jurisdiction, where M had come to this country on a migrant boat. Application dismissed.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/555.html
YR, Re (Deprivation of Liberty - Care Order -Principles of Care) [2024] EWHC 564 (Fam) (12 March 2024): Case concerning 16year old boy beyond parental control. Care and deprivation of liberty orders made.
https://www.bailii.org/ew/cases/EWHC/Fam/2024/564.html
T v L (1980 Hague Abduction Convention: Article13b: Evaluating Evidence of Risk) [2023] EWHC 3455 (Fam) (21 April 2023)Application by mother for summary return of 3 children to Israel. Return ordered.
https://www.bailii.org/ew/cases/EWHC/Fam/2023/3455.html
SM v PM [2023] EWHC 3446 (Fam) (06 July 2023):Fact-finding hearing within application by father for return of children from India. Mother's allegations of abuse by the father found to be true
https://www.bailii.org/ew/cases/EWHC/Fam/2023/3446.html
QR (Parental Order: Dispensing with Consent: Proportionality), Re [2023] EWHC 3196 (Fam) (03 November 2023): Application for parental order in relation to child born in consequence of a gestational surrogacy agreement in India to a married surrogate.
https://www.bailii.org/ew/cases/EWHC/Fam/2023/3196.html
A Local Authority v D & Ors [2024] EWFC 61(19 March 2024): Application by M in care proceedings re: how she is to attend court, where she is currently barred from doing so as a result of a risk assessment carried out pursuant to the PVP Protocol.
https://caselaw.nationalarchives.gov.uk/ewfc/2024/61
Emma Pearce
KBG Chambers
