Local Authority Focus – Families with No Recourse to Public Funding and Part III of the Children Act – Family Law Week

Posted April 9th, 2014 in children, families, human rights, immigration, local government, news by sally

‘Sally Gore, barrister of Fourteen, considers a pressing concern of local authorities and immigrant families: the duties owed under Part III of the Children Act 1989 to individuals who have no recourse to public funding.’

Full story

Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

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Paul Schmidt jailed for neglecting elderly mother – BBC News

‘A man has been jailed for 20 months for neglecting his elderly mother and defrauding her of thousands of pounds.’

Full story

BBC News, 7th April 2014

Source: www.bbc.co.uk

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Plan to give adopted children new identities to stop birth parents finding them – Daily Telegraph

‘Social services ask High Court to give two young children new names and even cut links with other siblings to protect them from abusive parents.’

Full story

Daily Telegraph, 3rd April 2014

Source: www.telegraph.co.uk

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Care Proceedings: Who is Best Placed to Provide Best Evidence? – Family Law Week

‘Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.’

Full story

Family Law Week, 1st April 2014

Source: www.familylawweek.co.uk

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Children and Family Court Advisory and Support Service (Cafcass) becomes part of the Ministry of Justice – Ministry of Justice

‘The welfare of children will be brought closer to the family court system as key safeguarding organisation Cafcass joins the Ministry of Justice, Family Justice Minister Simon Hughes has announced.’

Full story

Ministry of Justice, 1st April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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TW v Enfield London Borough Council – WLR Daily

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Parents guilty of emotional cruelty face jail – The Guardian

‘Adults convicted of acts of emotional cruelty against children in their care will face the same threat of jail as those guilty of physical neglect, under new laws being considered by ministers.’

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The Guardian, 31st March 2014

Source: www.guardian.co.uk

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Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

Full story

Family Law Week, 26th March 2014

Source: www.familylawweek.co.uk

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Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

Full story

Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

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Children separated from their families by courts must know why – Daily Telegraph

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

Full story

Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

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Koran teacher who abused girl is spared jail to help his family – Daily Telegraph

‘An Islamic teacher who molested a girl as he taught her the Koran has avoided prison after claiming his family was dependent on him because his wife speaks “very little English”.’

Full story

Daily Telegraph, 19th March 2014

Source: www.telegraph.co.uk

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Major changes in family courts – Ministry of Justice

Posted March 14th, 2014 in children, families, family courts, press releases by tracey

‘The Children and Families Act has been given Royal Assent today, meaning reforms which will put children firmly at the heart of the family justice system will be introduced as part of the relaunched family court system being implemented on 22 April 2014.’

Full press release

Ministry of Justice, 13th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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S v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v G – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

S v Minister voor Immigratie, Integratie en Asiel;  Minister voor Immigratie, Integratie en Asiel v G: (Case C-457/12);   [2014] WLR (D)  121

‘A member state was entitled, pursuant to Parliament and Council Directive 2004/38/EC, to refuse to grant a right of residence to a third country national who was a family member of a Union citizen where that citizen was a national of and resided in that member state but regularly travelled to another member state in the course of his professional activities. However, article 45FEU of the FEU Treaty conferred on a third country national who was the family member of a Union citizen a derived right of residence in the member state of which that citizen was a national, where the citizen resided in that member state but regularly travelled to another member state as a worker within the meaning of that provision, if the refusal to grant such a right of residence discouraged the worker from effectively exercising his rights under article 45FEU, which was for the referring court to determine.’

WLR Daiily, 12th March 2014

Source: www.iclr.co.uk

 

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O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B: (Case C-456/1;   [2014] WLR (D)  120

‘Article 21(1)FEU of the FEU Treaty meant that where a Union citizen had created or strengthened a family life with a third country national during genuine residence, pursuant to and in conformity with the conditions set out in articles 7(1) and (2) and article 16(1) and (2) of Parliament and Council Directive 2004/38/EC in a member state other than that of which he was a national, the provisions of the Directive applied by analogy where that Union citizen returned, with the family member in question, to his member state of origin.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

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Judge to probe ‘jihadist’ claims over boys, aged 11 and 12 – Daily Telegraph

Posted March 12th, 2014 in care orders, children, families, inciting religious hatred, Islam, news by tracey

‘Two young brothers could be taken into care after their mother warned they were being radicalised with extremist Islamist views by her estranged husband, the High Court was told.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

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Farmer’s daughter sues parents for slice of £7 million estate claiming she tended cows while sisters went dancing – Daily Telegraph

Posted March 11th, 2014 in agriculture, appeals, families, news, wills by tracey

‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’

Full story

Daily Telegraph, 10th March 2014

Source: www.telegraph.co.uk

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Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

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Families ‘torn apart’ by immigration rules on spouses – BBC News

Posted March 4th, 2014 in families, human rights, immigration, news, visas by sally

‘A minimum income requirement imposed on non-EU migrants limits the number able to enter the UK. But some families claim the system is unfair and is keeping spouses and their children apart, as Inside Out East reports.’

Full story

BBC News, 3rd March 2014

Source: www.bbc.co.uk

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12-year-old boy walks free after raping younger sister as judge rules he is ‘not a danger to society’ – The Independent

Posted March 4th, 2014 in children, families, news, pornography, rape, sexual offences by sally

‘A 12-year-old boy who raped his seven-year-old sister after watching porn online has walked free after a judge ruled he is not a danger to society.’

Full story

The Independent, 3rd March 2014

Source: www.independent.co.uk

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Bereaved families at the heart of the coroner system – Ministry of Justice

Posted February 26th, 2014 in bereavement, coroners, families, inquests, reports by tracey

‘Bereaved loved ones will be put at the heart of the coroner system, Justice Minister Simon Hughes said today as he launched a new guide for people who have to become involved with inquests.’

Full guide

Ministry of Justice, 24th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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