Family Law Week August 2011 - 1 August 2011 News 1 mediation and representation. Analysis NEWS Cases which can have outcomes which the Government defines as Leave to Remove and the 20 Baroness Hale attacks serious, such as homelessness, Payne Discipline – Breaking the Impasse government's legal aid domestic violence, loss of liberty, proposals discrimination, human rights Leave to Remove – 25 issues and abuse of power by the Improving Due Process Baroness Hale of Richmond has criticised state, will remain in scope; while The End of Payne? 31 the government's proposals to cut legal other kinds of housing case, debts, 34 aid. Lady Hale was delivering the 2011 welfare benefits, employment, Finance & Divorce Update Summer 2011 Sir Henry Hodge Memorial Lecture at immigration, education, and most the Law Society entitled 'Equal Access to family breakdown will come out. Cost Orders in Public Law 39 Justice in the Big Society'. But mediation in family disputes Proceedings: A New stays in.' Approach? Referring to the Legal Aid, Sentencing Children: Public Law Update 42 and Punishment of Offenders Bill, which However, she commented: (July 2011) passed its second reading in the House of Commons on the 29th June, Lady Hale 'In real life, as we all know and Cases said that the government's own equality research has shown, clients come with a variety of interlocking A County Council v K & Ors 44 impact statement accepts that the cuts (By the Child's Guardian HT) will have a disproportionate impact problems. Family breakdown can [2011] EWHC 1672 (Fam) upon women, ethnic minorities and easily lead people into debt, if K (Children) [2011] EWCA people with disabilities. debts are not tackled early and in Civ 793 the right way, they can easily lead She continued: to homelessness. People need the A and A v P, P and B [2011] 45 right advice and they need it EWHC 1738 (Fam) '[The government says] that this is early, before things have escalated justifiable because [such people] into court. The idea that the law in R (R,E,J and K) v CAFCASS 46 [2011] EWHC 1774 are disproportionate users of the some of these areas is simple and easy to understand is laughable.' (Admin) service in these areas. This is an Brighton & Hove City interesting argument about which Council v PM and others I had better not say anything [2011] EWCA Civ 795 more, as it is bound to come FCO launches campaign to before us in one shape or form in tackle international parental SH v HH [2011] EWCA Civ 47 future.' 796 child abduction A (A Minor) [2011] EWHC 1764 (Fam) She then noted that the Legal Action New research released by the Foreign Group fears 'that this would lead to an and Commonwealth Office shows that R (A Child) EWHC 1715 48 underclass of people disenfranchised every other day a British child is (fam) from civil justice and indifferent to the abducted by a parent to a country which S (A Child) [2011] EWCA Civ 812 rule of law'. has not signed the 1980 Hague Convention on international parental Describing incremental cuts to legal aid child abduction. N v N (Costs) [2011] EWCA 49 over the last decade, she said: Civ 979 N v N [2011] EWCA Civ 940 The FCO believes that in practice this 'This is being done by providing figure is likely to be even higher as many 50 that certain sorts of case will WM v CMEC [2011] UKUT cases are simply not reported. 226 (AAC) remain within, and certain others Schalk and Kopf v Austria will be removed from, the scope The latest figures represent a 10% (App 301414-04) of legal aid, by which is meant all increase in new cases handled by the 'civil legal services', that is, all FCO in 2010/2011 and have been kinds of legal advice, assistance, GENERAL EDITOR Family Law Week is published by Stephen Wildblood QC Law Week Limited Greengate House Deputy Editor 87 Pickwick Road Claire Wills-Goldingham Corsham Albion Chambers SN13 9BY Tel & Fax: 0870 145 3935 www.familylawweek.co.uk Family Law Week August 2011 - 2 released to mark the launch of their She said: Government launches child abduction prevention campaign. consultation on allocation of "The most obvious warning Evidence shows that many cases occur sign is a break down in a ‘straightforward applications’ around school holidays when a parent relationship but other signs in the Court of Protection refuses to return a child following a may include a sudden interest visit to the parent's home country. in getting a passport or copy The government has published a FCO figures also reveal how birth certificate for the child; a consultation paper proposing that widespread the problem has become. parent expressing a wish to some decisions on what it describes as Last year the FCO handled cases in 97 holiday alone with the child; a 'straightforward applications' to the 'non Hague' countries ranging from change in circumstances such as Court of Protection are taken by Afghanistan to Zimbabwe. These are leaving employment or authorised court officers. countries which have not signed up to redundancy, selling a house or the 1980 Hague Convention on giving up tenancy. There may At present all applications to the Court international parental child abduction also be a sudden change in must be decided by a judge, even if the and with whom negotiating the return contact arrangements or issue involved is not contentious, such of children to the UK can be extremely constant difficulty in being able as an undisputed application for a complex as there are no international to see the child. person to become a 'property and agreements on returning children. affairs deputy' in order to make "For many people the issue of financial decisions on behalf of a Foreign and Commonwealth Office parental child abduction is relative or friend. Minister Jeremy Browne said the something with which they campaign will help people become may not have had direct The Ministry of Justice says that judges more aware of what they could do if personal contact. There's often a will continue to take all decisions they think their child may be at risk. perception – fuelled by a which relate to health and welfare number of high profile cases - issues, but the consultation proposes "We are very concerned that we that it's about fathers abducting that some types of application could be continue to see an increase in their children, however dealt with by authorised court officers. the number of cases of statistics show it is mainly international parental child mothers – either intentionally The Ministry expects this to reduce the abduction. The latest figures or unintentionally. time it takes to deal with routine suggest the problem affects matters and improve the service to people from all walks of life and "The latest figures show just users, often some of the most not just certain types of families how widespread this problem vulnerable members of society whose or particular countries. Finding has become. Our statistics for interests are best served by having their a solution can be especially January to May 2011 show a cases processed as quickly as possible. difficult if a child has been 21% increase in the number of The change would also free up judicial taken to a non-Hague country abductions to non-Hague States time to focus on the more difficult and as there are no international states compared to the same sensitive issues the Court has to deal systems in place to help you. period last year. We have also with. This is why prevention is so seen a 21% per cent increase in important. The FCO will do the number of parents The consultation runs until 20 whatever we can to provide requesting advice on September 2011. advice and support but our role prevention of abduction. This is limited, not least because we demonstrates there is a need for cannot interfere in the laws of information on preventative Munro fears government another country." steps that a parent can take and 'lacks courage' to make it is essential that we continue changes The FCO has teamed up with to raise awareness of parental parenting websites Mumsnet and the child abduction, after all it Professor Eileen Munro has expressed Fatherhood Institute to spread the could happen to anyone. concern that the government will not prevention message and make people have the courage to give local aware of the support it can provide. "The psychological impact on authorities more freedom from The campaign will be one of children can be traumatic and government-imposed bureaucracy, as Mumsnet's campaigns of the week in for the left-behind parent, the recommended in her review of child July. shock and loss are unbearable, protection. particularly if they don't know Sharon Cooke, Advice Line Manager where their child is. Even after In evidence to the House of Commons for Reunite International Child they have been found, the fear Select Committee on Education, which Abduction Centre, welcomed the latest and pain of not knowing if they is exploring the recommendations of advice and said while sometimes there will return home is Professor Munro's recently published were no warning signs, there are things unimaginable." review of child protection in England, people could look for which may she said: indicate their child was at risk. "My impression is that they're positive about [the review], but my concern is whether they www.familylawweek.co.uk Family Law Week August 2011 - 3 have the courage to let go Law and Practice, to which he maintenance service and the because central government is continues to contribute.