“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”
Family Law Week, 5th April 2013
Source: www.familylawweek.co.uk
International Children Law Update – Family Law Week
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In the matter of J (Children) – Supreme Court
In the matter of J (Children) [2013] UKSC 9 | UKSC 2012/0128 (YouTube)
Supreme Court, 20th February 2013
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Children: Private Law Update – Family Law Week
“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”
Family Law Week, 13th February 2013
Source: www.familylawweek.com
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Religious courts and Sharia divorce – Halsbury’s Law Exchange
“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”
Halsbury’s Law Exchange, 4th February 2013
Source: www.halsburyslawexchange.co.uk
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Nottinghamshire County Council v Suffolk County Council – WLR Daily
Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376
“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
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Children: Private Law Update (November 2012) – Family Law Week
“Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law.”
Family Law week, 22nd November 2012
Source: www.familylawweek.co.uk
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A v A – WLR Daily
A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297
“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”
WLR Daily, 26th October 2012
Source: www.iclr.co.uk
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Judge asks for help finding missing children abducted by mother – The Guardian
“A nationwide search has been launched for four missing children after a high court judge said that they had been abducted by their mother.”
The Guardian, 16th October 2012
Source: www.guardian.co.uk
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International Children Law Update: August 2012 – Family Law Week
“Jacqueline Renton of 4 Paper Buildings, reviews the latest key decisions in international children law.”
Family Law week, 3rd September 2012
Source: www.familylawweek.co.uk
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Draft legislation on family justice published – Family Law Week
“The Government has published draft legislation on family justice for pre-legislative scrutiny.”
Family Law Week, 4th September 2012
Source: www.familylawweek.co.uk
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In re L (A Child) (Recognition of Foreign Order) – WLR Daily
In re L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157; [2012] WLR (D) 252
“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”
WLR Daily, 21st August 2012
Source: www.iclr.co.uk
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Family courts pioneer shared parenting orders – The Guardian
“Judges and lawyers are already anticipating the government’s proposed reforms to the status of separated parents by pioneering ‘shared residence orders’, according to a leading family solicitor.”
The Guardian, 9th February 2012
Source: www.guardian.co.uk
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Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily
Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31
“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”
WLR Daily, 4th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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Conciliation in court helps parents agree over child contact and residence – Ministry of Justice
“In-court conciliation helps separating parents to reach their own agreements about contact with their children, research commissioned by the Ministry of Justice reveals today.”
Ministry of Justice, 21st November 2007
Source: www.justice.gov.uk
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Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – Times Law Reports
Holmes-Moorhouse v Richmond-upon-Thames London Borough Council
Court of Appeal
“A shared residence order made by a family court in uncontested proceedings did not determine the question whether a parent in whose favour the order was made had a priority need for housing as a homeless person with dependent children who might reasonably be expected to reside with him.”
The Times, 19th November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – WLR Daily
Holmes-Moorhouse v Richmond-upon-Thames London Borough Council [2007] EWCA Civ 970
“An uncontested order for shared residence made by consent by a judge in family proceedings was not determinative of the issue whether it was reasonable to expect the children whose residence was the subject of the order to live with the parent in whose favour it was made.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once as case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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In re B (a Child)(Relocation) – Times Law Reports
Power to restrict carer’s place of residence is exceptional
Court of Appeal
“The imposition by the court of a condition to a residence order restricting the primary carer’s right to choose where his or her place of residence within the United Kingdom was exceptional.”
The Times, 10th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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In re W (Children) (Permission to appeal) – Times Law Reports
Family jurisdiction role of the Court of Appeal explained
In re W (Children) (Permission to appeal)
Court of Appeal
“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the judge’s order was plainly wrong.”
The Times, 2nd August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
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In re W (Children) (Permission to appeal) – WLR Daily
In re W (Children) (Permission to appeal)
“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”
WLR Daily, 26th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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