L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Legal aid cuts denied mother a fair hearing, says senior judge – The Guardian

‘A senior family court judge has condemned the injustice of the newly pared-back legal aid system after an illiterate mother of four, with poor sight and hearing, was forced to represent herself in a court hearing over the custody of her children.’

Full story

The Guardian, 2nd November 2014

Source: www.guardian.co.uk

Father wins custody battle after being falsely accused of sexually abusing his daughter – Daily Telegraph

Posted October 17th, 2014 in child abuse, custody, news by tracey

‘A father has won custody of his daughter after his former partner falsely accused him of sexually abusing their child. The man was investigated by police and social workers after the woman said her daughter had made “disclosures of sexual abuse”. But Judge Jane Miller has ruled that the girl, now nine, should live with her father after concluding the woman’s allegations were untrue.’

Full story

Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

Parents speak of legal fight for children without a lawyer – BBC News

Posted October 14th, 2014 in arbitration, custody, legal representation, litigants in person, news by sally

‘”My daughter started school last month and I don’t even know what school she goes to.”

These are the words of a father who has not seen his daughter, now aged four, for two years.’

Full story

BBC News, 13th October 2014

Source: www.bbc.co.uk

E v B – WLR Daily

E v B (Case C-436/13) ECLI:EU:C:2014:2246; [2014] WLR (D) 405

‘Jurisdiction in matters of parental responsibility which had been prorogued, under article 12(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ 2003 L338, p 1), in favour of a court of a member state before which proceedings had been brought by mutual agreement by the holders of parental responsibility ceased following a final judgment in those proceedings

WLR Daily, 1st October 2014

Source: www.iclr.co.uk

Juvenile Offenders: A Different Approach Needed? – Part II – No. 5 Chambers

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the first of this four part series, Nav Virk sets out the general philosophical underpinnings of the current policy approach.’

Full story

No. 5 Chambers, 27th August 2014

Source: www.no5.com

Juvenile Offenders: A Different Approach Needed? – Part I – No. 5 Chambers

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the first of this four part series, Nav Virk sets out the general philosophical underpinnings of the current policy approach.’

Full story

No. 5 Chambers, 21st August 2014

Source: www.no5.com

New laws needed for tug-of-love dogs, says divorce expert – The Independent

Posted June 30th, 2014 in custody, dispute resolution, divorce, dogs, news by sally

‘For centuries, the dog has held the title of man’s best friend, but what happens when the same animal is also the woman’s best friend? A legal academic has called for the UK to revolutionise the way in which pets are treated in divorce custody battles.’

Full story

The Independent, 29th June 2014

Source: www.independent.co.uk

Court crisis warning as legal aid cuts trigger surge in parents fighting for child custody without lawyer – Daily Telegraph

‘Lawyers warn of ‘huge delays’ in family court cases as number of parents facing prospect of representing themselves jumps 48 per cent’

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Daily Telegraph, 7th June 2014

Source: www.telegraph.co.uk

Children suffer as cuts to legal aid penalise parents in court – The Independent

Posted June 2nd, 2014 in budgets, children, custody, legal aid, litigants in person, news by sally

‘Almost half of all parents fighting to get access to their children through the courts are being made to do so without legal advice, family magistrates warn today.’

Full story

The Independent, 1st June 2014

Source: www.independent.co.uk

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

In the matter of K (A child) (Northern Ireland) – Supreme Court

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

In re KP (A Child) (Abduction: Rights of Custody) – WLR Daily

In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181

‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

Legal aid cuts leave family courts in chaos, experts say – The Guardian

‘Cuts in legal aid are creating chaos in the family courts, according to legal experts, who warn that the resulting delays are having a serious impact on the children of warring parents.’

Full story

The Guardian, 29th March 2014

Source: www.guardian.co.uk

Couple in custody feud told: ‘sit down and have a cup of tea’ – Daily Telegraph

Posted February 19th, 2014 in children, custody, dispute resolution, news by sally

‘Man and woman embroiled in years of legal action over children suggested by judge to “sit down around the kitchen table”.’

Full story

Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily

Posted September 11th, 2013 in appeals, children, custody, EC law, jurisdiction, law reports by tracey

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening): [2013] UKSC 60;   [2013] WLR (D)  345

“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”

WLR Daily, 9th September 2013

Source: www.iclr.co.uk

UK court ducks position on circumcision – UK Human Rights Blog

“This case concerns a hitherto little-explored aspect of the right to a private and family life: a parent’s opportunity to teach their offspring about their own religious faith.”

Full story

UK Human Rights Blog, 20th July 2013

Source: www.ukhumanrightsblog.com

Courts will not give up on girl abducted by mother, judge warns – The Guardian

Posted June 13th, 2013 in child abduction, custody, news by sally

“A doctor wanted after abducting her daughter and vanishing in the wake of a marriage breakup has been told by a judge ‘the courts will not give up’.”

Full story

The Guardian, 13th June 2013

Source: www.guardian.co.uk

Record rise in child custody cases before legal aid cuts – The Independent

Posted June 12th, 2013 in children, custody, dispute resolution, divorce, legal aid, news, statistics by sally

“A record number of child-custody cases were fought in court last month, in what experts believe may be a rush before cuts to legal aid start to bite.”

Full story

The Independent, 11th June 2013

Source: www.independent.co.uk