What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’

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Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.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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Top judge authorises court to cover legal aid in challenge to government – The Guardian

‘One of the most senior judges in England and Wales has thrown down a direct challenge to the government over legal aid by suggesting courts spend money in defiance of Ministry of Justice cuts to ensure justice is done.’

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The Guardian, 6th August 2014

Source: www.guardian.co.uk

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‘Paranoid’ husband killed wife over imaginary affair, inquest hears – Daily Telegraph

Posted August 7th, 2014 in domestic violence, families, inquests, married persons, mental health, news by sally

‘Jonathan Trenchard mistakenly thought his wife of 24 years, Derisa, was on the verge of leaving him for another man.’

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Daily Telegraph, 6th August 2014

Source: www.telegraph.co.uk

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Family loses fight to keep autistic daughter in Swansea – BBC News

Posted August 4th, 2014 in care homes, disabled persons, families, news by sally

‘A Swansea family has lost its bid to prevent a health board moving their autistic daughter to a specialist unit in Brighton.’

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BBC News, 1st August 2014

Source: www.bbc.co.uk

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End of the line for mediation? – New Law Journal

Posted August 1st, 2014 in budgets, dispute resolution, families, legal services, news by sally

‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’

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New Law Journal, 31st July 2014

Source: www.newlawjournal.co.uk

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Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

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Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

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Police chiefs were aware six years ago that undercover unit ‘had lost moral compass’ – The Guardian

Posted July 25th, 2014 in families, firearms, news, police, spying, victims by tracey

‘The Scotland Yard undercover unit that gathered intelligence on 18 grieving families was known by police chiefs six years ago to have been so out of control it had “lost [its] moral compass” and become a “force within a force”.’

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The Guardian, 24th July 2014

Source: www.guardian.co.uk

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Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094;  [2014] WLR (D)  322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Man and former wife abused their children, court hears – BBC News

Posted July 18th, 2014 in assault, child abuse, families, news, sexual offences by tracey

‘A separated couple have been convicted of sexually and physically abusing their children. The man and his former wife were convicted of sexual and physical assaults on children in the Merthyr Tydfil and Caerphilly areas but cleared of rape. A second man was acquitted.’

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BBC News, 17th July 2014

Source: www.bbc.co.uk

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In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

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Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

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Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

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The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk

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Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

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Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

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Sex offender avoids deportation by claiming ‘right to family life’ with kids he’ll never see – Daily Telegraph

Posted July 14th, 2014 in deportation, families, human rights, news, sexual offences by sally

‘A foreign sex offender has been allowed to remain in Britain because of his “right to family life” with his two young children, even though they are about to be adopted.’

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Daily Telegraph, 13th July 2014

Source: www.telegraph.co.uk

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Appeal court: if you earn £18,600 a year your foreign spouse can live in UK – The Guardian

Posted July 14th, 2014 in appeals, families, immigration, married persons, news, remuneration by sally

‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’

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The Guardian, 11th July 2014

Source: www.guardian.co.uk

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Family comes first (even if they’re in Poland) – UK Human Rights Blog

Posted July 11th, 2014 in adoption, appeals, care orders, families, grandparents, human rights, news by sally

‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’

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UK Human Rights Blog, 10th July 2014

Source: www.ukhumanrightsblog.com

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