Family Digest
- Ancillary Relief and Costs
- Child Protection
- Family Proceedings - the role of the judge or the bench
- Children with Disabilities and Special Needs
- Award Upheld
- Shared Residence
- Access to Papers
- Expert Evidence
- Ancillary Relief
- Domestic Violence and Contact
- Contact and Emigration
- Budget and Benefits Changes
- Working Tax Credit: Extension of Childcare
- Civil Partnerships and Tax Credits
- Injunction to Protect Privacy of Children
- Maintenance Pending Suit
- Order to Return Children
- Sharing Relevant Information
- Child Benefit Act 2005
- Divorce and Ancillary Relief
- Finding of sexual abuse reviewed
- Inadequate Reasoning by Judge
- Child Support Liability
- Childcare Assist
- Committal Order
- Appeal against Residence
- Contact
- Emergency Protection Order
- Refused application for Contact
Ancillary Relief and Costs
The High Court has held that where a husband had given wrong and misleading information about his finances he could not complain if his conduct attracted an adverse order in costs. His wifes behaviour in the proceedings, however, was also regarded as unreasonable and this had to be taken into account by the court.
For information on the financial aspects of divorce our family team will be pleased to help. Contact info@dfalaw.co.uk now.
Child Protection
The Adoption and Children Act 2002 is likely to fully come into effect later this year but some of its provisions are already in force. Take, for example, the section which sets out the grounds under which supervision and care orders can be made. This amends the definition of harm in the Children Act 1989 to include "impairment suffered from seeing or hearing the ill-treatment of another". Changes have also been introduced to the documentation involved in private family law proceedings to ensure that any harm being caused to the child can be identified and considered as early as possible in the proceedings.
Contact our family team on info@dfalaw.co.uk for advice and information on any aspect of child protection in the context of public care proceedings, divorce or domestic violence
Family Proceedings - the role of the judge or the bench
The Court of Appeal has recently dealt with two issues relating to the role of the judge (or bench of magistrates) in family proceedings. In the first case the Court decided that a judge hearing a case was entitled to reach a conclusion as to the dynamics of the family and to ask leading questions of either of the parties. In the second, where a mother had constantly failed to co-operate with contact arrangements, an order committing her to prison was necessary as a means of enforcing the rule of law and as a last resort to ensure that she complied with the court order.
Why not instruct our family team to represent you in any family court proceedings? We will ensure that you receive specialist advice and guidance every step of the way. Just contact info@dfalaw.co.uk for more information.
Children with Disabilities and Special Needs
Following parents separation, the parent with care will often need to look to the welfare benefits system for assistance in meeting day-to-day income needs and for help with mortgage interest or rental costs. However, the children for whom the parent is responsible may also have additional needs. The costs of looking after and meeting the needs of a child with a disability or special needs can be considerable and it may be difficult or impossible for a single parent to manage.
For information on the ways in which the welfare benefits and Community Care systems and court-based child maintenance may assist contact info@dfalaw.co.uk now.
Award Upheld
The Court of Appeal recently upheld a High Court Judges award of £4.5 million in respect of a short childless marriage where the parties were still young and the husbands wealth was over £30 million pounds.
Are you concerned about how you might fare financially following your divorce? Just email info@dfalaw.co.uk for assistance.
Shared Residence
The Court of Appeal recently held that a judges refusal to order shared residence because it would affect the issue of control and power between the parents was unreasonable. The Court of Appeal decided this was a classic case for shared residence which would reflect the reality of the situation.
For advice on contact and family matters in general email info@dfalaw.co.uk.
Access to Papers
The Court of Appeal recently allowed the appeal of a father, who, following the conclusion of contact proceedings had been injuncted from accessing or disseminating information from the papers. An order was substituted allowing the father limited access to the papers.
For advice on any aspect of family law email info@dfalaw.co.uk.
Expert Evidence
The Court of Appeal recently held that while the instruction of experts in family proceedings must be controlled, the court should be slow to refuse an application for a second expert opinion in cases such a non-accidental head injury, where certain evidence may be pivotal and by its nature not easily challenged save for by another expert opinion.
For assistance with any aspect of family proceedings email info@dfalaw.co.uk.
Ancillary Relief
The High Court recently allowed an appeal against a Child Support Act liability order. It that a consent order stating that maintenance payments would be reduced by the amount of any CSA assessment and which provided for larger initial payments was intended to address arrears which had built up.
For advice on divorce and the financial consequences arising from it email info@dfalaw.co.uk.
Domestic Violence and Contact
In a recent contact case the Court of Appeal held that the judge had misremembered the facts of a case and had developed a polarised view of the parties. He had minimised the significance of the domestic violence and failed to have regard to a case which was the authority on domestic violence. He failed to have regard to the reporting officer and the experts view as regards the effect the violence had upon the mother. His decision was flawed.
For advice and assistance with contact and domestic violence issues email info@dfalaw.co.uk.
Contact and Emigration
The Court of Appeal recently upheld a judges decision to allow a father, who was primary carer, to emigrate with his new partner and the child to Australia. The mother, who was not having direct contact with the child, had argued that there was no evidence that the father would be distressed by a refusal.
For assistance with contact issues email info@dfalaw.co.uk.
Budget and Benefits Changes
Did you know that a total of 3 million of Britains 7 million families with children now receive more in tax credits and Child Benefit than they pay in income tax (so that their income tax liability is effectively wiped out)? In the Budget on 16 March 2005 the Chancellor made the point that as a result of tax credit income offsetting income tax the effective point at which a family with two children starts paying income tax is now £21,200 and that by April 2007 the threshold will be over £22,000.
For more information on tax credits contact info@dfalaw.co.uk now.
Working Tax Credit: Extension of Childcare
Eligible childcare now extends to childcare provided in the childs own home or, if the child is over 7 years old, in other domestic premises. However, care provided by a parent or relative wholly or mainly in the childs own home and childcare by a relative of the child where that person only provides care for relatives children is not covered by the scheme.
To check on your entitlement to Working Tax Credit contact info@dfalaw.co.uk.
Civil Partnerships and Tax Credits
The Civil Partnership Act provides new rights, responsibilities and liabilities for same-sex couples who enter into a civil partnership through the statutory civil registration procedure (starting in December 2005).
Members of same-sex couples who are "living together" and who may have claimed tax credits as individuals will have to notify the Inland Revenue of a change of circumstances as a result of being treated as a couple under Act.
If you are contemplating registering your relationship we can help. Find out about what the new Act will mean for you and your family now by contacting info@dfalaw.co.uk.
Injunction to Protect Privacy of Children
The High Court has held that a local authority is entitled to an injunction restraining the publication of the identity of a defendant and her victim in a criminal trial, and of the fact that they are HIV positive, in order to protect the privacy of their children who had not been involved in the trial but who are the subject of care proceedings.
For advice on any aspect of family law email info@dfalaw.co.uk.
Maintenance Pending Suit
The Court of Appeal has held that maintenance pending suit could be awarded where the jurisdiction of the court was in issue and where the case related to substantial sums of money. At the courts discretion this could include an element for the petitioners legal advisors to pay the costs of the proceedings.
Maintenance matters. Contact our family team for further advice on how we can assist you. Just email info@dfalaw.co.uk.
Order to Return Children
The Court of Appeal recently held that a judge had erred by ordering the father to return the parties children to the mother where the father had made serious allegations against the mother and the judge had failed to at least carry out pre-emptory investigations into those allegations.
For advice on residence or contact issues email info@dfalaw.co.uk.
Sharing Relevant Information
The High Court has held that, in general, there is an obligation on a Local Authority to share relevant information relating to a child in their care with its parents. Such information was held in the instant case not to include the fact that a foster father was HIV positive, since the risk of infection was negligible it was not information which would affect the courts decision. Where the risk was not negligible the duty to disclose might overcome the foster fathers right and the duty owed to him.
For advice and assistance with care proceedings email info@dfalaw.co.uk.
Child Benefit Act 2005
This new Act extends financial help to households with young people who are on unwaged vocational training (including schemes run by the Department of Work and Pensions (DWP) and government agencies), as well as young people in full-time, non-advanced education. Financial support will also be extended to assist 19-year olds completing a course of learning which they started before that age.
This has also had a "knock-on" effect on other benefits for which being eligible for Child Benefit is a condition.
For further information on changes to these other benefits as a result of extensions to Child Benefit and the ways in which "increases" that are paid with some benefits are affected, contact info@dfalaw.co.uk.
Divorce and Ancillary Relief
The House of Lords recently decided that a person illegally present in England and Wales under the Immigration Act 1971 could still be habitually resident within the jurisdiction for the purposes of the Domicile and Matrimonial Proceedings Act 1973 and have a domicile of choice there, and consequently the English Courts could entertain her divorce petition.
For advice on any aspect of divorce contact our family team on info@dfalaw.co.uk.
Finding of sexual abuse reviewed
The Court of Appeal recently reviewed the judges findings of fact of sexual abuse by the father of children who were subject to care proceedings because the judgment lacked logical coherence.
For representation in family proceedings contact our experienced family team by emailing info@dfalaw.co.uk.
Inadequate Reasoning by Judge
A case was recently remitted to a High Court Judge where the trial judges fact finding and reasoning were inadequate. The Court of Appeal held that in such an important matter as care proceedings, fairness to the child and family demanded more clarity of reasoning.
For advice on any aspect of care proceedings contact info@dfalaw.co.uk.
Child Support Liability
The House of Lords has held that a former wife with care of the children has no right under the Child Support Act 1991 to enforce her former husbands liability to pay maintenance.
For advice and assistance on any aspect of child support simply email info@dfalaw.co.uk.
Childcare Assist
This scheme enables lone parents to access funds to meet the costs of childcare in the week prior to starting work. The idea is to smooth the transition period when moving from benefits to work. A one-off payment direct to childcare providers will be made once evidence is provided of a job which involves at least 8 hours employment per week and of a child (or children) needing childcare. Childcare must be delivered by approved providers.
For advice on all family law and childcare-related matters contact our friendly family team on info@dfalaw.co.uk.
Committal Order
In a recent case before the Court of Appeal a father was found to have been in contempt of court for breach of an injunction granted in favour of the mother. The injunction prohibited the father from publishing or disclosing information regarding the children proceedings. He had published judgments on an internet site in such a way as to identify the child, for which he had received a 28-day suspended committal order. However, there had been no order expressly restraining the publication of the judgments and no penal notice. The Court held that though the father had been wrong to publish the judgments, where the liberty of the subject was at stake the order needed to be very specific and to provide an adequate warning of the consequences of breach. The committal order was discharged.
For advice and assistance with family law matters email info@dfalaw.co.uk.
Appeal against Residence
In a recent Court of Appeal case there was an unsuccessful appeal against a residence order to the childs father (who was German). Both parents had worked in the UK during the relationship. Upon separation the Italian mother had returned with the child to Italy and had obstructed contact. The English Courts made an order in the fathers favour. In spite of the childs lack of family connections in the UK the judge had been correct to make an order maximizing the childs chance of spending good contact with both parents.
Contact
In a recent case before the Court of Appeal the children lived with their father. An order was made for indirect contact with the mother only. The judge had been unwilling to go behind the entrenched, severe and implacable hostility exhibited by the children towards their mother, in view of their ages (13 and rising 16). The Court held that the judge had been plainly wrong - the court had to take account of the fact that the childrens views had been corrupted by the views which they had been force fed by the fathers family. The court should have been more interventionist and delivered a change in attitude. The court should have requested a psychological or psychiatric report.
For advice on residence or contact matters email info@dfalaw.co.uk.
Emergency Protection Order
In a recent Court of Appeal case the local authority had obtained an Emergency Protection Order (EPO) in order to protect four children from the risk posed by their father who insisted upon driving them to school in the absence of a valid driving licence and in circumstances where he was registered blind. The Court held that the police power to remove a child under s46 Children Act 1989 could be invoked even where an EPO was in force, but where the police officer was aware of the existence of the EPO police powers to remove should not be used unless there were compelling reasons to do so, i.e. where it was not reasonably practicable to remove the children under the EPO. The police must have regard to the need to protect children from significant harm. Both the police and the local authority (who had played a significant part in the removal by the police) were found to be in breach of Article 8 of the European Convention on Human Rights.
For advice on child protection and family proceedings email info@dfalaw.co.uk.
Refused application for Contact
In a recent case before the Court of Appeal a judge had refused a fathers application for contact. There were allegations of sexual abuse of the child against the father which the judge had determined against him. The fathers appeal was not allowed. It was the judges role to decide which witness he preferred.
For advice and assistance with family law matters email info@dfalaw.co.uk.
Call us now on 01604 609560 for more information
or email us at info@dfalaw.co.uk
