Human Rights Act: What has it done for us? – The Independent

‘The Conservatives want to replace it. Here are five things it has implemented for good.’

Full story

The Independent, 15th May 2015

Source: www.independent.co.uk

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Inside the secret court that helps victims of drug abuse keep their families together – The Guardian

‘Seven years ago, the Family Drug and Alcohol Court began in London: now it is being extended to England and Wales.’

Full story

The Guardian, 17th May 2015

Source: www.guardian.co.uk

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Women in prison equals children without mothers, say justice groups – The Independent

‘12,000 women are sentenced each year in the UK – leaving about 20,000 children without mothers, according to Women in Prison’

Full story

The Independent, 16th May 2015

Source: www.independent.co.uk

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Time for a Regulated Process for Surrogate Parents? – Family Law Week

Posted May 13th, 2015 in custody, families, news, regulations, surrogacy by tracey

‘Natalie Gamble, solicitor, of Natalie Gamble Associates and Elizabeth Isaacs QC of St Ives Chambers consider the significance of H v S (Surrogacy Agreement) in which Ms Justice Russell awarded care of a surrogate child to a gay couple.’

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Family Law Week, 12th May 2015

Source: www.familylawweek.co.uk

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Adoption rates in freefall after court ruling leaves children languishing in unsuitable homes – The Independent

Posted May 13th, 2015 in adoption, children, families, local government, news, statistics by tracey

‘The number of children being put forward for adoption has plummeted over the past year following a series of court rulings that have left local authorities frightened of removing them from birth families.’

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The Independent, 12th May 2015

Source: www.independent.co.uk

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Regina (Agyarko) v Secretary of State for the Home Department; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2015 in appeals, families, human rights, immigration, law reports, regulations by tracey

Regina (Agyarko) v Secretary of State for the Home Departmen; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department: [2015] EWCA Civ 440; [2015] WLR (D) 205

‘Where a party who had overstayed unlawfully and married or formed a relationship with a British citizen sought leave to remain, the “insurmountable obstacles” test as to return under the Immigration Rules was a stringent test and more demanding than a mere test of whether it would be reasonable to expect a couple to continue their family life outside the United Kingdom, although the test was also to be interpreted in a sensible and practical rather than a purely literal way.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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Visit visa refusals: appeal or judicial review? – Free Movement

Posted May 12th, 2015 in appeals, families, freedom of movement, judicial review, news, visas by tracey

‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’

Full story

Free Movement, 12th May 2015

Source: www.freemovement.org.uk

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SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

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Judge blasts warring parents for damaging young sons – Daily Telegraph

Posted May 11th, 2015 in contact orders, divorce, families, news by sally

‘Family court judge says while each parent is devoted to their sons, the boys are “the most unfortunate children” because the estranged couple are unable to contain their hatred for each other’

Full story

Daily Telegraph, 8th May 2015

Source: www.telegraph.co.uk

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Mother in legal battle to bear dead daughter’s child – BBC News

Posted May 8th, 2015 in bereavement, children, consent, families, grandparents, news, pregnancy, surrogacy by tracey

‘A mother is launching a legal battle for possession of her dead daughter’s frozen eggs so that she can become pregnant with her own grandchild.’

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The Guardian, 8th May 2015

Source: www.guardian.co.uk

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Private Children Law Update – No. 5 Chambers

Posted April 29th, 2015 in appeals, children, custody, domestic violence, families, news by sally

‘Ricky Seal, member of No5 Chambers Family Group, has compiled a list of private children case law updates for the Leicester & Leicestershire Family Justice Board.’

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No. 5 Chambers, 9th April 2015

Source: www.no5.com

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Divorce: what’s fault got to do with it? – Halsbury’s Law Exchange

Posted April 29th, 2015 in divorce, families, news by sally

‘Much discussion has taken place of late with regard to the importance of fault in divorce law, so I ask is it still necessary to attribute blame to the other party? The party whom you once loved and maybe even still do, the party with whom you shared your hopes and dreams, your life, only for this party to become in legal speak, the respondent.’
Full story

Halsbury’s Law Exchange, 28th April 2015

Source: www.halsburyslawexchange.co.uk

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Top judge tells parents to be strict on teens – The Independent

Posted April 23rd, 2015 in families, judges, news, young persons by sally

‘The country’s top family judge has urged parents to do more to ensure that fractious and rebellious teenagers do what they “ought” to be doing.’

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The Independent, 22nd April 2015

Source: www.independent.co.uk

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Home Office ordered to bring back migrant mother and five-year-old son deported to Nigeria – The Independent

‘The Home Office has been ordered to arrange for a deported migrant family to be returned to Britain from Nigeria – in a landmark ruling that threatens to undermine the Government’s “deport first, appeal later” policy.

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The Independent, 22nd April 2015

Source: www.independent.co.uk

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Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

Full story

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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Theresa May admits justice system fails families over deaths in police custody – The Guardian

‘The criminal justice system makes is too hard for families whose loved ones have died in police custody to get answers, according to a candid letter written by the home secretary to two families affected by such deaths.’

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The Guardian, 19th April 2015

Source: www.guardian.co.uk

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Senior judge renews calls for introduction of ‘no fault’ divorce in England and Wales – OUT-LAW.com

Posted April 15th, 2015 in divorce, families, news, prenuptial agreements by sally

‘Laws governing divorce in England and Wales should be modernised to allow couples to divorce without accusing their ex of adultery or ‘unreasonable behaviour’, according to one of the country’s most senior judges.’

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OUT-LAW.com, 10th April 2015

Source: www.out-law.com

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Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

Full story

Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

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Family Arbitration – The Inner Temple

Posted April 8th, 2015 in arbitration, children, confidentiality, courts, dispute resolution, families, news by sally

Family Arbitration (PDF)

Sir Hugh Bennett

The Inner Temple, 30th March 2015

Source: www.innertemple.org.uk

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Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

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