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Family Law

The leading authority on all aspects of family law

08 FEB 2016

Family Law Newsletter: 8 February 2016

Family Law Newsletter: 8 February 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.


IFLA launches Children Arbitration Scheme
08 February 2016
A new Family Law Children Arbitration Scheme will launch later this year to take its place alongside the established financial scheme.

Criticisms made of fertility clinic
03 February 2016
In the judgment F v M and Others [2015] EWHC 3601 (Fam), [2016] FLR forthcoming, Pauffley J was concerned with a couple who conceived a child as a result of fertility treatment at a licenced clinic.

Non-biological mother wins international child custody appeal in Supreme Court
03 February 2016
The Supreme Court has allowed an appeal by a non-biological mother of a child, holding that the unilateral removal of the child to Pakistan by the biological mother did not cause the child to lose her English habitual residence, and that the English court retained full jurisdiction to make decisions about her welfare.

The Family Law Update continues in Leeds this Thursday! Register now for our one-stop shop on all things family law, including the latest on financial remedies, public and private children law and all things procedural, plus a range of need-to-know hot topics.


Burns v Burns - elderly testators, mental impairment and the 'golden rule'
Gwyn Evans
08 February 2016
In Burns v Burns [2016] EWCA Civ 37, the Court of Appeal heard argument as to whether a district judge had been correct to pronounce in solemn form the alleged will of an elderly lady, Mrs Burns, dated July 2005.

A day in the life of ... CJ McKinney (Legal Writer)
CJ McKinney
08 February 2016
I'm a legal writer for Full Fact. Day-to-day, this involves me researching claims made about the law by politicians, the media and pressure groups, and writing about whether or not they're correct.

Researching Reform: People and policies to watch in 2015 - which of our predictions came true?
Natasha Phillips
05 February 2016
In January last year, Researching Reform made some predictions about areas of child welfare we felt would make an impact in 2015. From daring pilot schemes, to fee-charging McKenzie Friends, to the nation's inquiry into child sexual abuse, our predictions were broad. So what did happen in 2015, and how many of our predictions came true?

WS v WS: Pensions experts' review
05 February 2016
In the recent case of WS v WS [2015] EWHC 3941 (Fam), a judgment was made to offset the value of a defined benefit pension scheme using the Duxbury formula. The decision was made without reference to an expert pension report, the husband's request for one having been refused. How might the input of a pension expert have influenced the decision-making process in this case?

Putting the children first: the benefits of literature for children affected by divorce
Jo Carr-West
03 February 2016
As January turns to February, initial decisions about separation taken at the beginning of the year are starting to sink in, and their effects are being felt throughout the family.

Mediation Matters: Planning ahead for seasonal family law trends
Jane Robey
02 February 2016
How quickly does a new year resolution flop? In an article I wrote for Mediation Matters last month, I explained one of my aspirations for 2016 related to the approach of our family court judges.

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INHERITANCE: Burns v Burns [2016] EWCA Civ 37
Hearing Date: 28 January 2016
Lord Justice Longmore, Lord Justice Treacy and Lord Justice McCombe
Court of Appeal
The appeal from a decision finding that the deceased had testamentary capacity and that the will was valid was dismissed.

FINANCIAL REMEDIES: Aburn v Aburn [2016] EWCA Civ 72
Hearing Date: 4 February 2016
Lord Justice McFarlane, Lord Justice Vos and Lord Justice Simon
Court of Appeal
The husband's appeal from an order providing for an automatic rise in periodical payments to the wife upon the child ceasing secondary education was allowed.

Hearing Date: 18 December 2015
Mr Justice Bodey
Family Division
The judge held that the French tax liability should be taken from the husband's share of the assets following financial remedy proceedings.

PUBLIC LAW CHILDREN: Re M (Children) [2016] EWCA Civ 61
Hearing Date: 02 February 2016
Lady Justice King and Lord Justice Simon
Court of Appeal
The appeal by the adoptive parents from a care order in respect of their younfer son was allowed and the case was remitted for rehearing.

PUBLIC LAW CHILDREN: London Borough of Camden v RZ and Others [2015] EWHC 3751 (Fam)
Hearing Date: 18 December 2015
Mr Justice MacDonald
Family Division
The local authority application for interim care orders in respect of two children who had been made subject to a forced marriage protection order was refused.

FINANCIAL REMEDIES: Azizi v Aghaty [2016] EWHC 110 (Fam)
Hearing Date: 13 January 2016
Mr Justice Holman
Family Division
The wife's appeal from a financial remedies order was allowed.

PRIVATE LAW CHILDREN: F v M and Others [2015] EWHC 3601 (Fam)
Hearing Date: 10 December 2015
Mrs Justice Pauffley
Family Division
In the judgment F v M and Others [2015] EWHC 3601 (Fam), [2016] FLR forthcoming, Pauffley J was concerned with a couple who conceived a child as a result of fertility treatment at a licensed clinic.

PRIVATE LAW CHILDREN: Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4
Hearing Date: 03 February 2016
Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption and Lord Toulson
Supreme Court
The Supreme Courrt, by a majority of 3:2, allowed the appeal of the non-biological mother in an international custody dispute.

JURISDICTION: E v E [2015] EWHC 3742 (Fam)E v E [2015] EWHC 3742 (Fam)
Hearing Date: 04 December 2015
Family Division
Mr Justice Moylan
The wife's divorce petition was dismissed and the jurisdiction of the French court was plainly established.

Legislation & Guidance

The Special Guardianship (Amendments) Regulations 2016 (SI 2016/111)
05 February 2016
These Regulations amend the Schedule to the Special Guardianship Regulations (2005) ('the 2005 Regulations') which prescribes the matters to be dealt with by local authorities in reports they prepare for the courts in applications for special guardianship orders.