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Tuesday 28th July 2009

HEADLINES

Chief executive Anthony Douglas urges courts to review priority cases - Community Care

Family courts body Cafcass is seeking to reduce pressure on its services caused by the surge
in care applications since the Baby P trial.

Serial bigamist avoids jail term - BBC News

A former glamour model has been spared a prison sentence after admitting bigamy for the
fourth time.

Divorce 'health scars permanent' - BBC News

"Divorce has a lingering, detrimental impact on health that even remarriage cannot fully
repair, a study suggests."

JUDGMENTS

L-A (Children) Case No: B4/2009/1297 - Family Law Week

"Appeal by local authority against refusal to allow removal of children from their home in care
proceedings arising out of alleged chronic neglect. Appeal allowed and matter sent for retrial."

A (Children) [2009] EWCA Civ 676 - Family Law Week

"Application by wife for permission to appeal, out of time, an order in ancillary relief
proceedings for a transfer of property. Application refused"

Hems v Clemans [2009] EWCA Civ 672 - Family Law Week

"Application for permission to appeal, with appeal to follow, order concerning enforcement in
ancillary relief proceedings. Application granted and matter remitted back to county court."

Ngwu v Ngwu [2009] EWCA Civ 675 - Family Law Week

"Second appeal by wife against an order in ancillary relief proceedings where she had been
found liable to a substantial part of the husband’s costs. Appeal dismissed."

C (A Child) [2009] EWCA Civ 674 - Family Law Week

"Application by mother for permission to appeal, with appeal to follow, refusal of application
for unsupervised contact and imposition of a s91(14) order. Appeal allowed in part with the s
91(14) order set aside."

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Father sought residence order - consent order made - father applied to alter consent order
and remove the guardian - mother applied for s.91(14) order against both parents -
applications dismissed.

BLOGS

Family Law week blog: Interim Removal of Children from their Parents: Re L & Re L-A

"The Court of Appeal's  judgment in Re L-A has now been published on the main site. I do not
take the view that this case has diluted the 'imminent risk of really serious harm' test in
approaching interim remmoval (as Ryder J expressed it in  Re L ). What their Lordships have
said is that Re L did not alter the law in the first place"
.
Wednesday 29th July 2009

HEADLINES

Ofsted inspectors lacking experience, warns child protection chief - The Times

"The competence of Ofsted to inspect children’s services and help to protect young people
from abuse and neglect has been challenged by the Government’s child protection chief."

NICE issues clinical guidelines to help spot child maltreatment - Family Law Week

"The National Institute for Health and Clinical Excellence (NICE) has issued a new set of clinical
guidelines to help healthcare professionals to identify children who may have been
maltreated."

LSC Guidance on new graduated fees order - Family Law Week

"The LSC has published a summary on their website providing further information on the new
graduated fees arrangements due to take effect from 4 August."

JUDGMENT

Moore v Moore [2009] EWCA Civ 737 Family Law Week

"Application by wife security for costs arising out of ancillary relief proceedings. Application
allowed."

BLOGS

Family Lore: Re N: How parents should NOT conduct themselves

"I've come across some acrimonious children disputes in my time, but few can compare with N
(A Child), Re [2009] EWHC 1807 (Fam). The case is an object lesson in how parents should
not conduct themselves."

Divorce-Online Blog: 3 month cooling off period works in South Korea

"Following on from the story last week about Ian Duncan-Smith’s proposals to introduce a 3
month cooling off period before divorce, I read with interest that a similar scheme in South
Korea appears to be having the desired effect with the number of filed divorces having
declined 5 months in a row since the introduction of the new scheme."

Nearly Legal: Imputed fairness?

"Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County
Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question
of fairness and whether and how far a change in common intention can be inferred or
imputed."
.
Thursday 30th July 2009

HEADLINES

ADCS welcomes Ofsted shift on unannounced probes - Community Care

"The Association of Directors of Children's Services has welcomed Ofsted's decision to revise
how it reports on its new unannounced safeguarding inspections of councils, after directors
raised significant concerns."

Doncaster uses better pay to tempt child social workers - Community care

"Doncaster Council has started to tackle its high children's social worker vacancy rate, including
through better pay, according to director Gareth Williams."

Farewell to the law lords - The Times

"Today the law lords sit to give judgment for the last time in the House of Lords and, as Lord
Hope of Craighead said there last week, the upper chamber will be “losing part of itself”. From
October the law lords will become Justices of the Supreme Court, created under the
Constitutional Reform Act 2005."

BLOGS

Pink Tape: One Last Sip…

"I need a drink. Look away if you don’t want to hear me whine with self pity. On 4 August the
demise of the SIP (Special Issue Payment), which just about makes the Graduated Fee
Scheme worth doing, becomes a reality."
.
Friday 31st July 2009

HEADLINES

Social worker training 'not fit for purpose' - Independent

"Rookie recruits to social work are routinely sent out to tackle the most difficult cases - putting
children’s lives at risk, according to a report by MPs published today."

'Serious concerns' about implementation of the Public Law Outline - Family Law Newswatch

"Guidelines designed to protect both the welfare of children during care cases and make more
efficient use of court time may not be working, according to an early evaluation report
commissioned by the Ministry of Justice."

Mother whose 13 children were taken into care is pregnant again - Telegraph

"Theresa Winters, a woman who has already had 13 babies taken into care, is pregnant with
her 14th child - and says she will keep on trying for more until she is allowed to keep one."

JUDGMENTS

Traversa v Freddi [2009] EWHC - Family Law Newswatch

Wife resided in Italy, husband in England. Wife issued divorce proceedings in Italy. Husband
applied to the English court for leave to seek financial relief under Pt III. Held, the superior
connection was with Italy, and therefore leave was refused.

Hannan v Maxton [2009] EWCA Civ 773 - Family Law Newswatch

Cohabitee property dispute - woman's counter claim entirely successful, but court only awarded
her costs in respect of part of the claim. Woman appealed. Appeal allowed.

ARTICLE

Re Child X: Practical Implications for the Media, Solicitors and Counsel by Iain Goldrein QC -
Family Law Newswatch

BLOGS

Pannone Family Blog: Divorce Settlements - Payment Up Front

"Mr and Mrs Myerson hit the front pages in April this year when Mr Myerson failed in his appeal
to re-open his divorce settlement due to the dramatic fall in value of his shares. A further
judgment is due any day now - this is Mr Myerson's attempt to be released from his obligation
to pay the remaining part of the divorce settlement to his wife."

Sam Hasler's Indiana Divorce & Family Law Blog: What Your Lawyer Expects From You

"Although I do not care for the site's name, Best/Cheap divorce lawyers, I have to admit that
its What your lawyer expects from you is very good..."
.