Child Abduction and Inchoate Rights – Family Law week

Posted June 19th, 2015 in child abduction, law reports, parental responsibility, treaties by tracey

‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’

Full story

Family Law Week, 11th June 2015

Source: www.familylawweek.co.uk

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Surrogacy agreement breakdowns–what are the issues? – Halsbury’s Law Exchange

‘Are new laws needed to cover surrogacy arrangements and modern family set-ups? Mai-Ling Savage, a barrister and specialist in surrogacy, same-sex parenting and fertility law at Fourteen, a specialist family chambers, analyses a recent case which highlights the lack of a clear legal framework to enforce agreements made before the birth of a child.’

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Halsbury’s Law Exchange, 4th June 2015

Source: www.halsburyslawexchange.co.uk

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The role of the law, in the matter of Ashya King – OUP Blog

‘Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child; researching alternative treatments, securing second opinions, finding a treatment centre offering innovative or experimental treatment, travelling abroad, selling belongings or otherwise raising funds for treatment. The Internet provides access to a host of information about the side effects and risks of conventional treatment, alternative treatments available across the world – if you can pay for them – and stories of their success.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

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Bailiffs visit parents who took child out of school – Daily Telegraph

‘Parents hit with £1,200 bill after taking teenage son on holiday during school term.’

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Daily Telegraph, 9th April 2015

Source: www.telegraph.co.uk

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Single dad adopts surrogate baby born to his mother – Park Square Barristers

Posted March 19th, 2015 in adoption, families, news, parental responsibility, surrogacy by sally

‘The single father in the recent case B v C & Others (Surrogacy: Adoption) [2015] EWFC 17 (Fam) successfully obtained an adoption order which was the only means open to him to secure his legal relationship with his surrogate son. Alison Hunt of Park Square Barristers represented the father in this unique case in the Family Court before Mrs Justice Theis. The judgment opens the way for other single would-be parents to proceed in the same way, but it also highlights the very real pitfalls and uncertainty which await them in this difficult process. It raises questions about whether parental orders should be available to single applicants as they are for couples.’

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Park Square Barristers, 9th March 2015

Source: www.parksquarebarristers.co.uk

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The Strange Case of the Salted Snack – BBC Law in Action

Posted February 18th, 2015 in food, health & safety, news, parental responsibility, school exclusions by sally

In this week’s Law in Action we tell the cheesy story of the 6-year-old boy excluded from school because of the salted snack in his lunch box. We ask what the law has to say about this – can a child be excluded because of what his or her parents have done?

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BBC Law in Action, 17th February 2015

Source: www.bbc.co.uk

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Family court judges given power to order DNA tests – BBC News

Posted February 17th, 2015 in DNA, family courts, news, parental responsibility, paternity, pilot schemes by sally

‘Family court judges in England will be able to order DNA tests to determine a child’s parentage from September, Justice Minister Simon Hughes has said.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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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.’

Full story (PDF)

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.’

Full speech

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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