Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case? – Family Law Week

Posted August 12th, 2014 in appeals, children, mental health, news, residence orders, Supreme Court by sally

‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’

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Family Law Week, 12th August 2014

Source: www.familylawweek.co.uk

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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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The Child Arrangements Programme 2014: The Key Provisions – Family Law week

‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’

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Family Law Week, 23rd April 2014

Source: www.familylawweek.co.uk

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In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Changes in the law on Habitual Residence – No. 5 Chambers

Posted April 8th, 2014 in children, domicile, news, residence orders, Supreme Court by sally

‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’

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No. 5 Chambers, 25th March 2014

Source: www.no5.com

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Mother’s permissive parenting harmed sons, court rules in custody battle – The Guardian

Posted February 18th, 2014 in news, parental rights, residence orders by sally

‘A woman has lost custody of her two sons after a judge said she had “significantly failed” the children through permissive parenting, accepting the argument that she acted “more like a friend than a parent” to the two boys.’

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The Guardian, 17th February 2014

Source: www.guaridan.co.uk

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Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal

‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’

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New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

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Habitual Residence – the state of mind of the child – the Supreme Court advances the ‘increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents’ decision.’ – Sovereign Chambers

Posted January 22nd, 2014 in appeals, children, news, residence orders, Supreme Court by sally

‘In relation to an adolescent child, is the state of mind of the child relevant to whether or not habitual residence has been acquired in the place where the child is living?’

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Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

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In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily

In re LC (Children)(Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] WLR (D) 11

‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

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In the matter of LC (Children); In the matter of LC (Children) (No 2) – Supreme Court

Posted January 17th, 2014 in child abduction, children, EC law, families, law reports, residence orders by sally

In the matter of LC (Children)In the matter of LC (Children) (No 2) [2014] UKSC 1

Supreme Court, 15th January 2014

Source: www.youtube.com/user/UKSupremeCourt

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In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week

Posted September 19th, 2013 in appeals, jurisdiction, news, residence orders, Supreme Court by sally

“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”

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Family Law Week, 18th September 2013

Source: www.familylawweek.co.uk

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In the matter of A (Children) (AP) – Supreme Court

Posted September 17th, 2013 in appeals, children, jurisdiction, law reports, residence orders, Supreme Court by sally

In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)

Supreme Court, 9th September 2013

Source: www.youtube.com/user/UKSupremeCourt

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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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Children: Private Law update (August 2013) – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”

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Family Law Week, 15th August 2013

Source: www.familylawweek.co.uk

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Wasted costs against local authority in private law proceedings by James Hargan – Sovereign Chambers

“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”

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Sovereign Chambers, 19th July 2013

Source: www.sovereignchambers.co.uk

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International Children Law Update – Family Law Week

“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”

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Family Law Week, 5th April 2013

Source: www.familylawweek.co.uk

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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

Source: www.youtube.com/user/UKSupremeCourt

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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.”

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Family Law Week, 13th February 2013

Source: www.familylawweek.com

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