‘A Thai surrogate mother, C, gave birth to twins on behalf of Australian nationals D and WF in an arrangement where C was paid £9,000. When one of the twins, G, was born with Down’s syndrome, C alleged that D and WF abandoned the baby boy, taking only the healthy sister back to Australia. D and WF deny this.’
Halsbury’s Law Exchange, 28th August 2014
Source: www.halsburyslawexchange.co.uk
‘About 1,400 children were sexually exploited in Rotherham over a 16-year period, according to a report that concluded “it is hard to describe the appalling nature of the abuse that child victims suffered”.’
The Guardian, 26th August 2014
Source: www.guardian.co.uk
‘The Bar Standards Board and ILEX Professional Standards have issued a call for research organisations to help carry out an independent review of advocacy in the youth court.’
Law Society’s Gazette, 18th August 2014
Source: www.lawgazette.co.uk
‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’
The Guardian, 18th August 2014
Source: www.guardian.co.uk
‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’
Halsbury’s Law Exchange, 14th August 2014
Source: www.halsburyslawexchange.co.uk
‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’
Law Society’s Gazette, 13th August 2014
Source: www.lawgazette.co.uk
Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372
‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’
WLR Daily, 6th August 2014
Source: www.iclr.co.uk
‘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.’
Family Law Week, 12th August 2014
Source: www.familylawweek.co.uk
‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’
The World of Family Law (Garden Court Chambers), 8th August 2014
Source: www.gcfamily.wordpress.com
‘The nine-year jail sentence of the man convicted of killing baby Alfie Sullock is being reviewed by the Attorney General after complaints it is too lenient.’
BBC News, 7th August 2014
Source: www.bbc.co.uk
‘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.’
Family Law Week, 6th August 2014
Source: www.familylawweek.co.uk
‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’
Halsbury’s Law Exchange, 6th August 2014
Source: www.halsburyslawexchange.co.uk
‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’
Family Law Week, 31st July 2014
Source: www.familylawweek.co.uk
‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’
Daily Telegraph, 1st August 2014
Source: www.telegraph.co.uk
‘A man who shook his newborn son, causing catastrophic brain injuries said to have led to the child’s death more than a decade later, has been found not guilty of manslaughter following a landmark trial.’
The Guardian, 1st August 2014
Source: www.guardian.co.uk
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
‘A seriously ill teenager can be treated with blood products even though his mother is unable to consent because of her religious beliefs, a High Court judge has ruled.’
Daily Telegraph, 30th July 2014
Source: www.telegraph.co.uk
‘Illegal immigrants are entitled to bring court actions against their employers for discrimination, the Supreme Court has said in a landmark judgment.’
Daily Telegraph, 30th July 2014
Source: www.telegraph.co.uk
‘The family courts system is at breaking point due to delays caused by unrepresented litigants and overstretched judges, according to the body that represents lawyers and professionals in divorce hearings.’
The Guardian, 29th July 2014
Source: www.guardian.co.uk
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