Family Court Reports

Andy Hill, Head of Legal Publishing

December 4, 2018

The latest update to Family Court Reports is now live for subscribers. This update includes:

MT v OT (nos 1 and 2), [2018] 3 FCR 621

Financial remedies – Children – Schedule 1 – Father running millionaire’s defence – Carer’s allowance and employment opportunities – Jurisdiction to order replacement of one property for another – Housing fund – Whether additional costs reasonable – How long maintenance to continue at what level – Tertiary education provision – Security fund as well as fund containing all elements ordered to end of tertiary education – Re-housing not to depend on sale of existing home – No joint instruction of professionals – No ongoing overview of household expenses.

Jurisdiction – Schedule 1 housing provision – Whether court able to order replacement of existing property with attendant costs.

Re RD (deprivation or restriction of liberty), [2018] 3 FCR 640

Care – Deprivation of liberty – Interim care order – Confinement – Complete supervision or control – Comparable child – Appropriate boundaries and sanctions applicable to comparable child – Staff ratio – Reasonable and effective parental authority.

Human Rights – Deprivation of liberty – Interim care order – Confinement – Complete supervision or control – Comparable child – Appropriate boundaries and sanctions applicable to comparable child – Staff ratio – Reasonable and effective parental authority.

Child and Family Agency (Ireland) v M and Ors (article 15(5) BIIa transfer request: CJEU preliminary reference: care jurisdiction), [2018] 3 FCR 658

Care proceedings – Jurisdiction – BIIa Transfer Request – Outside six-week time limit – Whether reference to CJEU needed – Whether time limit to be strictly applied – Whether requested state’s consideration of best interests to include procedural considerations – Relevance of considerations relating to which court ‘better placed’ – Procedural route for care element of proceedings – Whether placement with current foster carers at risk.

Jurisdiction – BIIa transfer request – Care proceedings – Request outside six-week time limit – Whether reference to CJEU needed – Whether time limit to be strictly applied – Whether requested state’s consideration of best interests to include procedural considerations – Relevance of considerations relating to which court ‘better placed’ – Procedural route for care element of proceedings – Whether placement with current foster carers at risk.

XW v XH (no 1), [2018] 3 FCR 691

Financial remedies – Italian deed of marriage – Concept of unilateral assets kept separate during marriage – Whether relevant to cases involving children – Latent potential in asset brought into marriage – Special contribution – Whether trust was a s 25(2)(a) resource – Extent of departure from sharing principle.

XW v XH (no 2) (reporting restrictions order), [2018] 3 FCR 777

Publicity – Financial remedies – Privacy in family proceedings – Confidentiality in disclosure – Degree of public interest confined to activities of courts and specific legal issues – No public interest in family identity – Family included vulnerable child – Unwanted intrusion into personal space a factor – Whether public domain proviso relevant – Degree of anonymisation and redaction needed – Whether delay until after appeal appropriate.

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