‘A mother has claimed that a judge’s “outdated views” on sexual assault led him to rule against her after she accused a former partner of rape during a child custody case.’
Daily Telegraph, 5th December 2019
Source: www.telegraph.co.uk
‘Drink drivers are getting away with breaking the law because police are having to drive them up to an hour and 45 minutes to the nearest custody cells, it has been warned.’
Daily Telegraph, 18th August 2019
Source: www.telegraph.co.uk
‘At the beginning of May various news reports claimed that the number of separating couples going to court to resolve disputes about their children was 4 times higher than previously believed. See for example the Mail Online story, Custody fights blight four in ten break ups as 50,000 former couples battle in court rooms every year reporting new figures showing almost 4 out of 10 (38%) separating couples need the assistance of the court rather than 1 in 10 (10%), revealing “a large pool of hidden misery among broken families”.’
Transparency Project, 2nd July 2019
Source: www.transparencyproject.org.uk
‘An eight-year-old boy has moved home after a judge was told he was being influenced by his mother’s “hateful feelings” towards his father.’
The Guardian, 22nd April 2019
Source: www.theguardian.com
‘The number of parents forced to represent themselves in child custody battles at family courts has more than doubled in six years in the wake of legal aid cuts. Campaigners have warned “huge injustices” are taking place and children’s best interests are being “obscured”. Government data revealed 23,881 parents who applied to open private law cases for child arrangements in 2017 had no legal representation – up 134 per cent since 2011.’
The Independent, 4th February 2019
Source: www.independent.co.uk
‘Children are being strip-searched by London’s Metropolitan Police in cases that may not be “properly justified”, a watchdog has found.’
The Independent, 16th January 2019
Source: www.independent.co.uk
‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’
Family Law, 19th December 2018
Source: www.familylaw.co.uk
‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’
Family Law, 6th April 2018
Source: www.familylaw.co.uk
‘For many couples pets are an integral part of family life. But when relationships break down, it is not uncommon for arguments to arise about who gets to keep the family pet. So how do these disputes get resolved and what are the rules?’
Family Law, 1st December 2017
Source: www.familylaw.co.uk
‘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.’
Family Law, 17th November 2017
Source: www.familylaw.co.uk
‘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.’
The Independent, 19th November 2017
Source: www.independent.co.uk
‘A surrogate mother has lost custody of her child after a court ruled he would be better placed with the gay couple who arranged for her to have the baby.’
Daily Telegraph, 17th November 2017
Source: www.telegraph.co.uk
‘Children are being held for too long in police custody once they are charged with an offence, the prison watchdog has warned. A report by HM Inspectorate of Prisons and HM Inspectorate of Constabulary found that too many children in north and north-east London were being kept in cells overnight and even at weekends, despite a statutory duty for authorities to provide them with alternative accommodation.’
The Independent, 8th November 2017
Source: www.independent.co.uk
‘‘I know my rights’ – With that statement a family lawyer will naturally turn to s 2A of the Children Act 1989 and the presumption of parental involvement.
‘Parents do not have rights, they have responsibilities’ – Arguably one is now considering the court’s overriding objective and paramount consideration as set out in s 1 of the Children Act 1989 which highlights the welfare of any child.’
Family Law, 5th October 2017
Source: www.familylaw.co.uk
‘New family court guidance to protect children from violent parents during custody disputes is “lifesaving,” domestic violence campaigners say.’
BBC News, 29th September 2017
Source: www.bbc.co.uk
‘Maria Wright, PhD Student at the University of Bristol, addresses how courts must now approach Article 15 transfers of public law proceedings in the light of CJEU and Supreme Court judgments.’
Family Law Week, 9th August 2017
Source: www.familylawweek.co.uk
‘Judge writes to teenager to explain why he can’t live with his father.’
Daily Telegraph, 27th July 2017
Source: www.telegraph.co.uk
F v L (Child Arrangements Order: Relocation)[2017] EWHC 1377 (Fam)
‘The mother, an Italian national, sought a child arrangements order (“CAO”) under section 8 of the Children Act 1989, as amended, in respect of the child, aged five, and permission to relocate with him to Italy, alleging serious domestic abuse by the father. The Italian father opposed the application for relocation and cross-applied for a shared care CAO. Despite the recommendation in the report prepared by the CAFCASS officer that the child’s main carer be his mother and that she should be given permission to relocate to Italy, the trial judge decided not to consider or make any finding in respect of the abuse allegations, refused the mother’s application to relocate and ordered the continuance of the shared care regime. The mother appealed on the grounds, inter alia, that the trial judge had made a fundamental procedural error in failing to resolve the issue of the future care of the child prior to considering the application for relocation and had failed to make findings on the abuse allegations.’
WLR Daily, 9th June 2017
Source: www.iclr.co.uk
‘Desperate parents are increasingly resorting to filming or recording their children in an attempt to win custody in bitter divorce cases, lawyers have said.’
Daily Telegraph, 8th April 2017
Source: www.telegraph.co.uk
‘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. ‘
Family Law Week, 17th February 2017
Source: www.familylawweek.co.uk
© Inner Temple Library 2020