Split Hearings in Care Proceedings: a Thing of the Past? – Family Law Week

Posted February 18th, 2014 in appeals, care orders, family courts, news, split hearings by sally

‘Michael Jones, barrister of 15 Winckley Square Chambers, reviews the recent Court of Appeal judgment in S (A Child) [2014] EWCA Civ 25 and considers its likely consequences.’

Full story

Family Law Week, 18th February 2014

Source: www.familylawweek.co.uk

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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

Woman ordered to stop posting images of two-year-old granddaughter in Facebook ‘campaign’ after she was taken into care – The Independent

Posted January 28th, 2014 in anonymity, care orders, children, grandparents, news by sally

‘A woman has been ordered to stop an online “campaign” against a court’s decision to take her two-year-old granddaughter into care.’

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The Independent, 28th January 2014

Source: www.independent.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.’

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Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

‘Clear decision’ could have helped drowned Lowestoft children – BBC News

Posted January 22nd, 2014 in care orders, child neglect, news, social services by sally

‘More could have been done to help three children who were found drowned after their mother fell to her death from a car park, a report has found.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

In re E (A Child) – WLR Daily

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Susan Fricker comments on Court of Appeal judgment on jurisdictional issues – Sovereign Chambers

Posted December 12th, 2013 in appeals, care orders, jurisdiction, news by sally

‘Where the jurisdiction of the court is in issue the court should make a prompt determination of jurisdiction at or near the start of proceedings. In this case that determination of jurisdiction should have concluded with a declaration pursuant to BIIR, Article 17, that the English court had no jurisdiction other than the jurisdiction to make short term, provisional protective measures pursuant to BIIR, Article 20.’

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Sovereign Chambers, 4th December 2013

Source: www.sovereignchambers.co.uk

Local Authority Focus – Family Law Week

Posted December 12th, 2013 in care orders, children, fostering, local government, news, social services by sally

‘Sally Gore, barrister of 14 Gray’s Inn Square, in the first of a series of updates for children lawyers and professionals, considers recent developments affecting the decision-making and procedures of local authority children’s services.’

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Family Law Week, 11th December 2013

Source: www.familylawweek.co.uk

The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

Full story

The Independent, 6th December 2013

Source: www.independent.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.’

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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.’

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Halsbury’s Law Exchange, 3rd december 2013

Source: www.halsburyslawexchange.co.uk

Lessons learned from the ‘Forced C-section’ case – UK Human Rights Blog

Posted December 3rd, 2013 in birth, care orders, Court of Protection, media, news, social services by sally

‘Journalist Christopher Booker reported in Saturday’s Telegraph that an Italian woman was forced by Essex County Council social services to have a cesarean section, and then had her baby taken away from her – all sanctioned by the Court of Protection.’

Full story

UK Human Rights Blog, 3rd December 2013

Source: www.ukhumanrightsblog.com

In re B (A Child) (Care Proceedings: Habitual Residence) – WLR Daily

Posted December 2nd, 2013 in care orders, children, EC law, jurisdiction, law reports, news by sally

In re B (A Child) (Care Proceedings: Habitual Residence) [2013] EWCA Civ 1434; [2013] WLR (D) 461

‘Where a child was habitually resident in Sweden at the time when the courts of England and Wales were seised of care proceedings relating to the child, the fact that there were no extant proceedings relating to the child in Sweden did not prevent the Swedish courts having jurisdiction under article 8 of Council Regulation (EC) No 2201/2003.’

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Child taken from womb by social services – Daily Telegraph

Posted December 2nd, 2013 in birth, care orders, mental health, news, social services by sally

‘Essex social services have obtained a court order against a woman that allowed her to be forcibly sedated and for her child to be taken from her womb by caesarean section.’

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Daily Telegraph, 30th November 2013

Source: www.telegraph.co.uk

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.”

Full story

Family Law Week, 17th November 2013

Source: www.familylawweek.co.uk

Limiting the scope of injunctions in family cases – UK Human Rights Blog

“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”

Full story

UK Human Rights Blog, 5th November 2013

Source: www.ukhumanrightsblog.com

Therapeutic Provision for Parents in Care Proceedings – who should be footing the bill? – Family Law Week

Posted November 1st, 2013 in care orders, families, health, local government, mental health, news by sally

“Matthew Burman, barrister of St Albans Chambers explores the respective legal duties of the NHS and local authorities in securing the provision of psychotherapy for parents in care proceedings.”

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Family Law Week, 31st October 2013

Source: www.familylawweek.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.”

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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).”

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Garden Court Family Law Blog, 25th October 2013

Source: www.gcfamily.wordpress.com