Transgender Jewish woman wins review of child contact case – The Guardian

Posted December 21st, 2017 in appeals, contact orders, human rights, Judaism, news, transgender persons by tracey

‘An ultra-Orthodox Jew who left her community to start a new life as a woman has won the right to have her case reviewed in the high court after an earlier ruling that she should have no direct contact with her five children. The court of appeal has decided to refer back the case of the woman, known in court as J, who has not seen her children since leaving the tight-knit Haredi community in Manchester in 2015.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

Anaum Riaz discusses: Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ); The law doesn’t take a special approach to surrogacy cases – Park Square Barristers

Posted December 8th, 2017 in contact orders, news, parental responsibility, residence orders, surrogacy by sally

‘The Court of Appeal decision in Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ) this week has confirmed that the ordinarily principles of children’s law, and the fundamental question of: What is in the best interests of the child? apply in relation to surrogacy in the ordinary way. There are no special rules or considerations which apply in the case of surrogacy disputes.’

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Park Square Barristers, 24th November 2017

Source: www.parksquarebarristers.co.uk

Cafcass launches ‘ground-breaking’ pilot scheme to crack down on parental alienation – Family Law

‘The Children and Family Court Advisory and Support Service (Cafcass) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied contact.’

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Family Law, 27th November 2017

Source: www.familylaw.co.uk

Article 15 transfer requests – what happens next? (FE v MR and Others) – Family Law

Posted November 20th, 2017 in brexit, children, contact orders, custody, divorce, EC law, jurisdiction, news by tracey

‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.’

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Family Law, 17th November 2017

Source: www.familylaw.co.uk

The revised Practice Direction 12J: Child Arrangements & Contact Order: Domestic Violence and Harm – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, explains in detail the changes to Practice Direction 12J.’

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Family Law Week, 17th November 2017

Source: www.familylawweek.co.uk

Divorcing parents who poison children against their former partner could lose custody – The Independent

Posted November 20th, 2017 in contact orders, custody, divorce, news by tracey

‘Divorcing parents could lose custody or be denied contact with their children if they attempt to poison them against their former partner, under the rules of a new pilot scheme.
The “groundbreaking” initiative, being trialled by the Children and Family Court Advisory and Support Service (Cafcass), is designed to tackle the problem officially known as “parental alienation” where one parent turns a child against the other so they do not want to see them.’

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The Independent, 19th November 2017

Source: www.independent.co.uk

Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by tracey

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

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Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Court hears transgender woman’s appeal over access to her Jewish children – The Guardian

Posted November 16th, 2017 in appeals, children, contact orders, Judaism, news, transgender persons by tracey

‘A parent who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her battle to be allowed access to her five children to the court of appeal.’

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The Guardian, 15th November 2017

Source: www.theguardian.com

Revised Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm – Family Law

‘Sir James Munby, President of the Family Division, has issued a revised Practice Direction 12J of the Family Procedure Rules 2010 which came into force on 2 October 2017. The Practice Direction applies to any family proceedings in the Family Court or the High Court and specifically applies to any application made for a Child Arrangements Order or should any question arise about where a child should live, or about contact between a child and a parent or other family member and the court considers that an order should be made.’

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Family Law, 3rd October 2017

Source: www.familylaw.co.uk

Family court changes to protect children ‘lifesaving’ – BBC News

Posted October 2nd, 2017 in children, contact orders, custody, domestic violence, family courts, homicide, news by sally

‘New family court guidance to protect children from violent parents during custody disputes is “lifesaving,” domestic violence campaigners say.’

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BBC News, 29th September 2017

Source: www.bbc.co.uk

FHDRAs: what should and shouldn’t happen – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Parental Alienation – learning from other jurisdictions and other disciplines – Family Law Week

Posted March 20th, 2017 in contact orders, families, foreign jurisdictions, news by tracey

‘Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.’

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Family Law Week, 19th March 2017

Source: www.familylawweek.co.uk

Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

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Cloisters, 1st February 2017

Source: www.cloisters.com

How is the PLO working? What is its impact on court process and outcome? – Family Law Week

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

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Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

Domestic Violence and the Impact on Contact Re-examined – Family Law Week

Posted February 10th, 2017 in contact orders, domestic violence, news by tracey

‘Cris McCurley, Partner in Ben Hoare Bell LLP and advisory board member of Rights of Women and Women’s Aid, considers recent developments concerning contact where there has been evidence of domestic violence, and the events which have led to them.’

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Family Law Week, 9th February 2917

Source: www.familylawweek.co.uk

Transgender woman denied contact with her ultra-Orthodox Jewish children – The Guardian

‘A transgender woman has been denied direct contact with her five children on the basis they would be shunned by their ultra-Orthodox Jewish community if she were allowed to meet them.’

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The Guardian, 30th January 2017

Source: www.guardian.co.uk

Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

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Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

UK judges change court rules on child contact for violent fathers – The Guardian

‘Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk.’

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The Guardian, 20th January 2017

Source: www.guardian.co.uk

Child Contact Interventions: An Underused Resource – Family Law Week

Posted January 12th, 2017 in children, contact orders, news, social services by tracey

‘Gabrielle Jan Posner, barrister of Trinity Chambers, Chelmsford, argues for the greater use of child contact interventions in appropriate circumstances.’

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Family Law week, 11th January 2017

Source: www.familylawweek.co.uk

Mother’s determination that child was “gender variant” did him significant harm – Family Court – UK Human Rights Blog

Posted November 4th, 2016 in children, contact orders, gender, news by tracey

‘J (A Minor), Re [2016] EWHC 2430 (Fam) 21 October 2016. These proceedings concerned a care order sought by the local authority in respect of a seven year old boy (J). The judge found that his mother, who had separated from his father within 12 months of J’s birth, had caused her son significant emotional harm by making him live as a girl. The care order sought would allow J to continue to live with his father, in whose care he had flourished.’

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UK Human Rights Blog, 1st November 2016

Source: www.ukhumanrightsblog.com