Family Law Week June 2012 - 1 June 2012 News 1 NEWS Legal Aid Bill receives Royal Analysis Assent Finance & Divorce April 15 Criminalisation alone will not Update 2012 stop forced marriage, says The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) Court of Protection Update 20 Demos has received Royal Assent and is now an (May 2012) Act of Parliament. A new publication by the think-tank Parental Orders in Cases of 23 Demos argues that the ending of forced International Surrogacy: This means that the various changes to Practical Considerations marriage requires an holistic approach, the scope, eligibility and other aspects of involving community engagement and the legal aid scheme are now law. They Using insolvency to 26 focusing on prevention rather than are due to be implemented on 1 April discharge financial order prosecution. Criminalisation alone, it obligations: the blank 2013. canvas remains says, will not be enough. The Legal Services Commission will be Children: Private Law 28 Ending Forced Marriage examines the replaced by the Legal Aid Agency, which Update (May 2012) history of the Government's fight against will be an Executive Agency of the the practice in the UK, drawing on case Ministry of Justice. Cases studies of initiatives run in A County Council v M and F 32 Commonwealth countries by the The enacted legislation can be accessed [2011] EWHC 1804 (Fam) Department for International here. E (A Child) [2012] EWCA Civ Development (DfID) and the Foreign and 537 Commonwealth Office (FCO). It finds that the reason these schemes are Geary v Rankine [2012] 33 Court of Appeal decides firm is EWCA Civ 555 successful is their holistic approach to the entitled to its costs following problem. suspension of its retainer Cawdery Kaye Fireman & 34 Taylor v Minkin [2012] Drawing on these findings, the report EWCA Civ 546 recommends that the Forced Marriage The Court of Appeal, sitting with the Senior Costs Judge as an assessor, has W (Children) [2012] EWCA 35 Unit (FMU) should be given a deeper, Civ 528 wider presence, with representatives allowed an appeal by a firm of solicitors Yates v Yates [2012] EWCA across the UK engaging with local against an order of Cranston J. In Cawdery Civ 532 communities and a requirement on Kaye Fireman & Taylor v Minkin [2012] public servants to understand and assist EWCA Civ 546 the Court decided that C (A Child) [2012] EWCA Civ 36 where solicitors in matrimonial 535 the unit's mission. In terms of I-A (Children) [2012] EWCA international action, the Government proceedings refused to carry out work Civ 582 should build on its successful strategy of until outstanding fees, or an amount on 37 engaging Commonwealth partners and account, were paid, the refusal W-B (A Child) [2012] EWCA constituted a suspension of the retainer Civ 592 persuade core countries to coalesce Lilleyman v Lilleyman around defined actions and targets. until payment was made. It did not [2012] EWHC 821 (Ch) Finally, there should be greater amount to a repudiation of the contract 38 integration between the FMU, FCO and so that no fees were payable. Lilleyman v Lilleyman [2012] EWHC 1056 (Ch) DfID so that lessons learned from D (A Child) [2012] EWCA effective overseas initiatives can be The court heard that the respondent, Mr Civ 627 applied at home. Tackling forced Minkin, was involved in matrimonial S (A Child) [2012] EWCA Civ marriage requires a relentless focus on litigation with his wife, from whom he 617 had separated. prevention as well as prosecution. B (A Child) [2012] EWCA 39 Civ 632 To download a copy of the publication, An estimate of fees in the sum of £3,000 + VC v GC [2012] EWHC please visit the Demos website. VAT was given to Mr Miskin and he paid 1246 (Fam) £2,000 on account. The firm then sent the Re JS [2012] EWHC 1370 client a retainer letter saying "our overall (Fam) Kim v Morris [2012] EWHC 40 GENERAL EDITOR Family Law Week is published by 1103 (Fam) H (A Child) [2012] EWCA Stephen Wildblood QC Law Week Limited Civ 714 Greengate House Deputy Editor 87 Pickwick Road L (Children) [2012] EWCA 41 Claire Wills-Goldingham QC Corsham Civ 721 Albion Chambers SN13 9BY Aspden v Elvy [2012] EWHC 1387 (Ch) Tel & Fax: 0870 145 3935 A Local Authority v DS 42 [2012] EWHC 1442 (Fam) www.familylawweek.co.uk Family Law Week June 2012 - 2 charges and expenses for this matter Pressure on the fostering are likely to be £3,500 plus VAT. I will The full judgment can be read here. system is ‘alarming’ , says try and keep costs down as much as possible, hopefully to £3,000 plus the Fostering Network VAT." Mr Minkin signed the retainer Conservative backbenchers letter. A child comes into care and needs a urge the government to defer foster family every 22 minutes across The proceedings became more legislation on same-sex the UK, the Fostering Network has complicated than originally envisaged. marriage revealed. The firm sent Mr Minkin an interim invoice. It advised him of his right to a The national press has reported that, in The charity says that this alarming detailed assessment of the bill. The bill the wake of the Conservative Party's figure highlights the growing pressure was for £5,472.50 and gave credit for reverses in local authority elections last on the care system and the scale of the the £2,000 paid on account. week, the government is coming under challenge facing fostering services pressure to defer the introduction of already struggling with a shortage of After various communications what are regarded by its supporters as foster carers. concerning the outstanding sum, the less popular reforms. This includes the firm emailed Mr Minkin to give notice legalisation of same-sex marriage. It points out that last year more than that it would not either obtain a 24,000 children came into care and counsel's opinion or launch directly In March 2012 the Home Office needed fostering, an increase of 17 per into the proposed proceedings "until launched a public consultation which cent compared to 2008. The total we are up to date on fees and have set out the government's proposals to number of children who are fostered money on account". enable same-sex couples to have a civil has risen for five years in a row. marriage. In the Court of Appeal, Ward LJ, giving Figures from Cafcass have shown a the lead judgment and referring to the The key proposals of the consultation record number of applications for care firm's email, said were: orders in recent months in England, suggesting the pressure on foster care Ÿ '[N]ot being prepared to act until To enable same-sex couples to have is set to continue unless more people money is paid shows a willingness a civil marriage i.e. only civil come forward to foster. to act when there is money on ceremonies in a register office or account. This is clear language of approved premises (such as a hotel). The Fostering Network says that an Ÿ suspension as the Master correctly To make no changes to religious estimated 8,750 new foster families are held and I regret that I marriages. This will continue to needed across the UK in 2012 alone, fundamentally disagree with only be legally possible between a and ahead of this year's Foster Care Cranston J.'s view that "the man and a woman. Fortnight (starts Monday 14 May) it is Ÿ language of these emails is redolent To retain civil partnerships for urging more people to become foster of termination, not suspension". I same-sex couples and allow couples carers. do not see it that way. The message already in a civil partnership to is, "I will not do any more work convert this into a marriage. Robert Tapsfield, chief executive of the Ÿ until you pay up": the message is Civil partnership registrations on Fostering Network, said: not, "I will not do any more, religious premises will continue as goodbye". The continuing is currently possible i.e. on a "More than 24,000 children who correspondence shows that the voluntary basis for faith groups and came into care last year were parties did not proceed upon the with no religious content. fostered. That means a foster home Ÿ basis that it was all over between Individuals will, for the first time, be has to be found every 22 minutes. them.' able legally to change their gender without having to end their "This figure highlights the Accordingly there was no repudiation marriage. overwhelming need for more of the retainer. people to come forward to foster. The consultation document can be read With more foster families, children In due course Mr Minkin told the firm here. in care will have a better chance of that he had lost confidence in his finding the stability and security solicitor and that he did not propose to The Queen's Speech takes place on they need to go on and achieve their issue further instructions. The firm Wednesday, 9th May. potential." wrote to the court stating that they were no longer instructed. To read the response to such reports of For more information, visit Lynne Featherstone, the Equalities www.22minutes.org.uk. Of this withdrawal of instructions Minsiter, please click here. Ward LJ said: 'The client's termination of the contract absolves the solicitor from any further performance of the contract but it does not absolve the client from paying the costs properly incurred to that date.' www.familylawweek.co.uk Family Law Week June 2012 - 3 On family breakdown, the government obtain information from parties Equalities Minister says that will seek to ensure that children retain already involved Ÿ same-sex marriage a continuing relationship with both requiring parents in dispute to parents if it is in the children's best consider mediation as a means of legislation will be enacted by interests.