Children separated from their families by courts must know why – Daily Telegraph

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

Full story

Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

Children and Families Act 2014

Children and Families Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

Children: Public Law Update – Family Law Week

‘John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.’

Full story

Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

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.’

Full story

New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

I Want My Baby Back – BBC One Panorama

Posted January 13th, 2014 in adoption, evidence, expert witnesses, family courts, news, social services by tracey

‘John Sweeney investigates the secretive world of the family courts and asks whether some parents may have unfairly lost their children forever. BBC One 13th January 2014’

Further details

BBC One, 13th January 2014

Source: www.bbc.co.uk

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted December 19th, 2013 in adoption, asylum, children, immigration, law reports, sponsored immigrants, Supreme Court by tracey

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81;   [2013] WLR (D)  499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013

Source: www.iclr.co.uk

Sir James Munby: Caesarean mother case shows need for “radical change” in family courts – Daily Telegraph

‘The case of a mother whose baby was taken away following an enforced caesarean is an “irrefutable demonstration of the pressing need for radical change” in the family courts, senior judge says.’

Full story

Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

In re A (Children) (Adoption: Placement Order) – WLR Daily

Posted December 17th, 2013 in adoption, appeals, law reports by sally

In re A (Children) (Adoption: Placement Order) [2013] EWCA Civ 1611 ; [2013] WLR (D) 494

‘In making a placement for adoption order under section 21(1) of the Adoption and Children Act 2002 the court was not entitled to stipulate requirements to be met by prospective adopters.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

Secret courts: couple tell of their struggle to adopt granddaughter – Daily Telegraph

‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’

Full story

Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

“Forced” C-section case – what we know now – Halsbury’s Law Exchange

‘Reports of a C-section being forcibly carried out on a woman that came to light in the mainstream press this past weekend have quickly made international news.’

Full story

Halsbury’s Law Exchange, 3rd December 2013

Source: www.halsburyslawexchange.co.uk

Children and Families Bill 2013 – all change, but is it for the better? – Halsbury’s Law Exchange

Posted December 3rd, 2013 in adoption, bills, care orders, children, families, fostering, news, time limits by sally

‘The Children and Families Bill 2013 represents one of the biggest shake-ups of the law relating to family life in years.’

Full story

Halsbury’s Law Exchange, 3rd december 2013

Source: www.halsburyslawexchange.co.uk

Forced caesarean was carried out ‘because of risks to mother and child’ – The Guardian

‘The council at the centre of a row over an Italian woman who was given a forced caesarean section and then had her baby taken from her said the decision was taken over concerns about the “risks to mother and child”.’

Full story

The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Children: Public Law Update – Family Law Week

Posted October 29th, 2013 in adoption, appeals, care orders, children, expert witnesses, interpreters, media, news, witnesses by sally

“John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.”

Full story

Family Law Week, 25th October 2013

Source: www.familylawweek.co.uk

‘Family Law Reform: Some Missing Views’ by Rebekah Wilson – Garden Court Family Law Blog

“It is with interest, as a barrister committed to representation of parties in care proceedings that I read the monthly, View from the President’s Chambers (available online). And more recently an interview with the President himself in Counsel Magazine (Justic Delayed is Justice Denied, Chris McWatters talks to Sir James Munby, Counsel October 2013).”

Full story

Garden Court Family Law Blog, 25th October 2013

Source: www.gcfamily.wordpress.com

In re C (A Child)(Care Plan: Adoption) – WLR Daily

Posted October 23rd, 2013 in adoption, care orders, children, guardianship, law reports, local government by tracey

In re C (A Child)(Care Plan: Adoption): [2013] EWCA Civ 1257;   [2013] WLR (D)  394

“Where the court was hearing applications for both a care order and a placement for adoption order, the court should avoid a linear approach of considering and rejecting options in turn, and instead engage in a holistic evaluation of the central question of the welfare of the child by reference to the considerations in section 1 of the Adoption and Children Act 2002, rather than the provisions in section 1 of the Children Act 1989.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

In re W (A Child); In re H (Children) – WLR Daily

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Judicial Window Dressing and Balance Sheets – Where is adoption post-Re B-S? – Family Law Week

Posted October 14th, 2013 in adoption, appeals, news, parental rights, social services by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the effect on adoption of the Court of Appeal’s landmark judgment in Re B-S.”

Full story

Family Law Week, 11th October 2013

Source: www.familylawweek.co.uk

Challenging adoption order using human rights – UK Human Rights Blog

Posted October 3rd, 2013 in adoption, appeals, human rights, news, placement orders by sally

“The recently released statistics from the Department for Education showing an increase of 15% in the adoption of looked after children in the last year further highlights the government’s preferred strategy for ensuring the welfare of children in care.”

Full story

UK Human Rights Blog, 2nd October 2013

Source: www.ukhumanrightsblog.com