Plea for return of two Aboriginal children stranded in UK without passports – The Guardian

Posted January 30th, 2024 in children, guardianship, news, passports, visas by tracey

‘Two Aboriginal children who have been stranded in the UK without passports or visas since 2020 while courts decided their guardianship must be immediately brought home to Australia, the nation’s peak body for Aboriginal and Torres Strait Islander children says.’

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The Guardian, 30th January 2024

Source: www.theguardian.com

UK court removes daughter from care of mother who disputed use of expert – The Guardian

Posted December 19th, 2023 in child arrangements orders, contact orders, expert witnesses, guardianship, news by tracey

‘A family court judge has accepted the recommendation of an unregulated expert and ruled that a child should be removed from her mother’s care after finding the mother made an “entirely false allegation” about the child’s father.’

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The Guardian, 16th December 2023

Source: www.theguardian.com

Family members taking on vulnerable children to receive better legal support – Ministry of Justice

‘Extended family members seeking to provide long-term, stable care for vulnerable children will be able to access free legal advice, thanks to new government investment announced today (30 April 2023).’

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Ministry of Justice, 1st May 2023

Source: www.gov.uk

Legal aid widened but grandparents ‘will fall through justice gap’ – Law Society’s Gazette

‘The scope of legal aid has been widened to family and friends applying to look after a vulnerable child – however, the Law Society says the changes do not go far enough.’

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Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Guardianship Orders: A Cut Out and Keep Guide Based on One I Made Earlier – Parklane Plowden Chambers

Posted March 30th, 2023 in chambers articles, guardianship, missing persons, news by sally

‘The Guardianship (Missing Persons) Act 2017 (“the Act”) came into force three and half years ago on 31 July 2019. Informally known as “Claudia’s Law” after Claudia Lawrence who disappeared in 2009, the purpose of the Act is to empower the court to appoint a guardian to deal with the property and financial affairs of people who have gone missing.’

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Parklane Plowden Chambers, 1st March 2023

Source: www.parklaneplowden.co.uk

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Parents who use surrogate waiting up to a year to become legal guardians – The Independent

Posted November 28th, 2022 in children, delay, families, guardianship, news, surrogacy by tracey

‘Surrogacy laws in the UK are putting the health of babies at risk due to the length of time it takes parental orders to come through, experts have warned.’

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The Independent, 27th November 2022

Source: www.independent.co.uk

Judge terminates appointment of guardian who criticised solicitor – Legal Futures

Posted March 23rd, 2022 in children, electronic mail, guardianship, law firms, news, solicitors by sally

‘A circuit judge has terminated the appointment of the guardian of a young child in care proceedings after he criticised the father’s solicitor in a letter to the law firm’s head of department.’

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Legal Futures, 23rd March 2022

Source: www.legalfutures.co.uk

Guarding Special Guardianship: the need for legal aid reform – Family Law week

Posted October 25th, 2021 in children, families, family courts, guardianship, legal aid, news by tracey

‘Jessica Johnston, Legal Adviser with Family Rights Group, explains a major challenge to prospective special guardians and how it might be overcome.’

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Family Law Week, 21st October 2021

Source: www.familylawweek.co.uk

Religious circumcision in the courts again: P – Law & Religion UK

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week

Posted June 11th, 2021 in appeals, care orders, children, families, guardianship, local government, news by tracey

‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’

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Family Law Week, 9th June 2021

Source: www.familylawweek.co.uk

Applications to discharge special guardianship orders – Local Government Lawyer

‘Fran Massarella examines a Court of Appeal case which concerned the test for granting leave to apply to discharge a special guardianship order and the construction of s.14D(5) of the Children Act 1989.’

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Local Government Lawyer, 7th May 2021

Source: www.localgovernmentlawyer.co.uk

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

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Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk

Religion, looked-after children and “best interests”: Salford CC – Law & Religion UK

‘Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) was about the welfare of five children between the ages of eleven and four: B, C, D, E and F. There were three applications before the court: the first for care orders under s.31 of the Children Act 1989, first issued in December 2018 by Norfolk County Council, the second by their mother, Ms W, for a prohibited steps order pursuant to s. 8 of the Children Act 1989, and the third by the maternal aunt and putative special guardian of the children, Mrs Z, for a declaration under the inherent jurisdiction of the High Court regarding the children’s legal status for the purposes of Part III of the Children Act 1989 [1 & 2]. It is the second application that is the subject of this note.’

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Law & Religion UK, 22nd January 2021

Source: lawandreligionuk.com

Will guardian schemes survive the Court of Appeal’s decision in Ludgate House? – Hardwicke Chambers

Posted November 18th, 2020 in appeals, chambers articles, guardianship, local government, news, rates by sally

‘Richard Clayton QC of Kings Chambers and Exchequer Chambers, and Faisel Sadiq discuss the upcoming appeal in Ludgate House Ltd v Ricketts (VO), in which they are instructed to represent the appellant (London Borough of Southwark), and how it is likely to play a significant role in the future of property guardian schemes.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

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Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

One size fits all? – No. 5 Chambers

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

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No. 5 Chambers, 30th June 2020

Source: www.no5.com

News About Special Guardianship Orders – Transparency Project

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

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Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

The Children’s Guardian – should they ever be removed from or replaced in family proceedings? – KCH Garden Sq

Posted June 10th, 2020 in care orders, chambers articles, children, families, guardianship, news by sally

‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’

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KCH Garden Sq, 9th June 2020

Source: kchgardensquare.co.uk

Keeping families together: the role of the court in child reunification – Family Law

Posted May 27th, 2020 in children, families, family courts, guardianship, news, supervision orders by sally

‘On May 11th the first meeting of a newly formed sub-group of the Public Law Working Group took place to review practice, guidance, regulations and the effectiveness of the law on supervision orders. Authorised by the President of the Family Division, the working party will be led by Professor Judith Harwin, Centre for Child and Family Justice, Lancaster University and Mr. Justice Keehan. It is the first review of the legislation since its enactment in the Children Act 1989.’

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Family Law, 26th May 2020

Source: www.familylaw.co.uk