Presumption Of Parental Involvement Now In Force – Zenith Chambers

Posted November 18th, 2014 in children, legislation, news, parental responsibility by sally

‘After an unexplained delay, section 11 of the Children and Families Act 2014 was brought into force on 22nd October 2011.’

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Zenith Chambers, 4th November 2014

Source: www.zenithchambers.co.uk

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Post-Adoption Contact: All Change or More of the Same? – Family Law Week

Posted November 12th, 2014 in adoption, contact orders, families, news, parental responsibility, placement orders by tracey

‘Lance Dodgson, barrister of Bank House Chambers, considers the changes concerning post-adoption contact made by the Children and Families Act 2014 and asks what effect they will have in practice.’

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Family Law Week, 11th November 2014

Source: www.familylawweek.co.uk

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E v B – WLR Daily

E v B (Case C-436/13) ECLI:EU:C:2014:2246; [2014] WLR (D) 405

‘Jurisdiction in matters of parental responsibility which had been prorogued, under article 12(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ 2003 L338, p 1), in favour of a court of a member state before which proceedings had been brought by mutual agreement by the holders of parental responsibility ceased following a final judgment in those proceedings

WLR Daily, 1st October 2014

Source: www.iclr.co.uk

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Case dropped against parents of boy who missed school – BBC News

‘Legal action has been dropped against parents who took their child out of school without permission, as the family has moved to the US.’

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BBC News, 8th 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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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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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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The Hershman Levy Memorial Lecture 2014 – Speech by The Rt Hon Sir Andrew McFarlane

‘Speech by The Rt Hon Sir Andrew McFarlane: The Hershman Levy Memorial Lecture 2014 – Association of Lawyers for Children.’

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Judiciary of England and Wales, 26th June 2014

Source: www.judiciary.gov.uk

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In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

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Terminating a Father’s Parental Responsibility: Preserving the legal status quo – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings and Saoirse Townshend of 36 Bedford Row analyse an important Court of Appeal judgment on termination of PR.’

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Family Law Week, 9th May 2014

Source: www.familylawweek.co.uk

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Mother escapes fine for taking children out of school to go on holiday because they were star pupils – Daily Telegraph

Posted May 2nd, 2014 in fines, holidays, news, parental responsibility, school children by tracey

‘The mother of two, who was prosecuted for taking her two children out of school for five days to go to a UK holiday camp, does not have to pay a fine because the children’s education is “well up to standard”, court hears.’

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Daily Telegraph, 2nd May 2014

Source: www.telegraph.co.uk

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Watchdog bans Center Parcs advert promoting term-time family holidays – The Guardian

Posted April 23rd, 2014 in advertising, news, parental responsibility, school children by sally

‘An advertisement for Center Parcs resorts has been banned for “irresponsibly” encouraging parents to take their children on holiday during term time.’

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The Guardian, 23rd April 2014

Source: www.guardian.co.uk

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Boy fed nine litres of goat milk a day cannot stay with his mother, court rules – The Independent

Posted March 7th, 2014 in care orders, children, food, mental health, news, parental responsibility by tracey

‘A boy who was fed nine litres of goat’s milk a day for six months will not be allowed to live with his mother, a senior family court judge has ruled.’

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The Independent, 6th March 2014

Source: www.independent.co.uk

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The Termination of Parental Responsibility: Awaiting the Court of Appeal’s Judgment in the Appeal of CW v SG [2013] EWHC 854 (Fam) – Family Law Week

Posted March 5th, 2014 in appeals, children, family courts, news, parental responsibility by sally

‘Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal’s judgment in the appeal from CW v SG.’

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Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

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When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection – Family Law Week

‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’

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Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

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Children: Private Law Update (December 2013) – Family Law Week

Posted December 19th, 2013 in appeals, children, domestic violence, education, names, news, parental responsibility by tracey

‘Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.’

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Family Law Week, 18th December 2013

Source: www.familylawweek.co.uk

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W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off – Family Law Week

“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”

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Family Law Week, 17th November 2013

Source: www.familylawweek.co.uk

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“Normal concerned parent” or “distinctly troublesome”? – Education Law Blog

“T v Hall Schools of Wimbledon LLP [2013] EWHC 2728 (QB) concerned a breach of contract claim against an independent school, but various observations about what amounts to unacceptable behaviour by parents are likely to be of general interest and may well be applicable more widely.”

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Education Law Blog, 4th October 2013

Source: www.education11kbw.com

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Court of Appeal laments systemic failures in family justice – UK Human Rights Blog

Posted September 10th, 2013 in appeals, children, divorce, family courts, news, parental responsibility, residence orders by tracey

“Re A (a child) [2013] EWCA Civ 1104. Appellate judges are obliged to review systemic failings in the family justice system as a whole, not just the merits of the trial judge’s determination, particularly where the process has deprived the parties of their rights to procedural fairness under Articles 6 and 8. Whilst this particular appeal was not ‘a fitting vehicle to enable a root and branch appraisal of the procedural history of this protracted case’, McFarlane LJ has taken the opportunity to give full voice to the ‘profound feeling of failure’ felt by Court on the part of the Family Justice system.”

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UK Human Rights Blog, 9th September 2013

Source: www.ukhumanrightsblog.com

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Changes to Child Maintenance – Family Law Week

Posted September 4th, 2013 in child support, financial provision, news, parental responsibility by sally

“Anna Heenan, Solicitor at Gregg Latchams LLP explains the latest changes to the child support regime.”

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Family Law Week, 3rd September 2013

Source: www.familylawweek.co.uk

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