Legal aid cut for family courts ‘damaging’ for children – BBC News

Posted September 2nd, 2014 in children, delay, family courts, legal aid, litigants in person, news by sally

‘Children are being damaged by the rising number of estranged couples representing themselves in family court battles, a former judge has claimed.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

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State should pay for representation and witnesses in private child disputes – UK Human Rights Blog

‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’

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UK Human Rights Blog, 31st August 2014

Source: www.ukhumanrightsblog.com

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Legal Update: disclosure, formats and context – Law Society’s Gazette

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

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Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

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Are surrogates and parents losing out due to a lack of global surrogacy laws? – Halsbury’s Law Exchange

Posted September 1st, 2014 in children, international law, news, surrogacy by sally

‘A Thai surrogate mother, C, gave birth to twins on behalf of Australian nationals D and WF in an arrangement where C was paid £9,000. When one of the twins, G, was born with Down’s syndrome, C alleged that D and WF abandoned the baby boy, taking only the healthy sister back to Australia. D and WF deny this.’

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Halsbury’s Law Exchange, 28th August 2014

Source: www.halsburyslawexchange.co.uk

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About 1,400 Rotherham children ‘sexually exploited over 16-year period’ – The Guardian

Posted August 26th, 2014 in child abuse, children, local government, news, rape, reports, sexual offences by tracey

‘About 1,400 children were sexually exploited in Rotherham over a 16-year period, according to a report that concluded “it is hard to describe the appalling nature of the abuse that child victims suffered”.’

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The Guardian, 26th August 2014

Source: www.guardian.co.uk

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In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by tracey

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

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Youth advocacy review established – Law Society’s Gazette

Posted August 19th, 2014 in advocacy, children, legal representation, news, young persons, youth courts by tracey

‘The Bar Standards Board and ILEX Professional Standards have issued a call for research organisations to help carry out an independent review of advocacy in the youth court.’

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Law Society’s Gazette, 18th August 2014

Source: www.lawgazette.co.uk

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Mothers’ names to be added to UK marriage registers in equality move – The Guardian

‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’

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The Guardian, 18th August 2014

Source: www.guardian.co.uk

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Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

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Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette

‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’

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Law Society’s Gazette, 13th August 2014

Source: www.lawgazette.co.uk

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Q v Q; In re B (A Child); In re C (A Child) – WLR Daily

Posted August 12th, 2014 in appeals, children, law reports, legal aid by sally

Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372

‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’

WLR Daily, 6th August 2014

Source: www.iclr.co.uk

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Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case? – Family Law Week

Posted August 12th, 2014 in appeals, children, mental health, news, residence orders, Supreme Court by sally

‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’

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Family Law Week, 12th August 2014

Source: www.familylawweek.co.uk

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President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice – The World of Family Law (Garden Court Chambers)

‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’

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The World of Family Law (Garden Court Chambers), 8th August 2014

Source: www.gcfamily.wordpress.com

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Alfie Sullock death: Michael Pearce nine-year term reviewed – BBC News

Posted August 7th, 2014 in children, homicide, news, sentencing by sally

‘The nine-year jail sentence of the man convicted of killing baby Alfie Sullock is being reviewed by the Attorney General after complaints it is too lenient.’

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BBC News, 7th August 2014

Source: www.bbc.co.uk

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Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

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Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

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Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

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Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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When is Same-Sex Parenting a Private Fostering Arrangement? – Family Law Week

Posted August 4th, 2014 in children, fostering, homosexuality, local government, news by sally

‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’

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Family Law Week, 31st July 2014

Source: www.familylawweek.co.uk

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Parents accused of ‘emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph

Posted August 4th, 2014 in adoption, appeals, care homes, children, learning difficulties, names, news by sally

‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’

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Daily Telegraph, 1st August 2014

Source: www.telegraph.co.uk

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Father cleared of manslaughter of son who died 12 years after he shook him – The Guardian

Posted August 4th, 2014 in children, grievous bodily harm, homicide, news by sally

‘A man who shook his newborn son, causing catastrophic brain injuries said to have led to the child’s death more than a decade later, has been found not guilty of manslaughter following a landmark trial.’

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The Guardian, 1st August 2014

Source: www.guardian.co.uk

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In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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