F v L (Child Arrangements Order: Relocation) – WLR Daily

Posted June 15th, 2017 in appeals, children, custody, domestic violence, law reports by sally

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

Two brothers jailed after keeping mother and sister as domestic slaves in Bradford – The Independent

‘Two brothers have been jailed after they kept their mother and sister as slaves.’

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The Independent, 13th June 2017

Source: www.independent.co.uk

Limitation and the threshold for article 3/8 investigative claims – UK Police Law Blog

Posted June 12th, 2017 in delay, domestic violence, human rights, judges, limitations, news, time limits by sally

‘Lavender J in MLIA & CLEL v Chief Constable of Hampshire [2017] EWHC 292 (QB) has offered helpful guidance on the application of the limitation defence for human rights claims, in a case which failed to meet the threshold for engaging the investigative duty under Articles 3 and 8 of the Convention.’

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UK Police Law Blog, 11th June 2017

Source: ukpolicelawblog.com

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

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

Michelle Spencer jailed for murdering partner as they kissed – BBC News

Posted June 9th, 2017 in domestic violence, imprisonment, murder, news, sentencing by sally

‘A mother of two who stabbed her partner to death in “a flash of temper” as they kissed and cuddled has been jailed for at least 13 years.’

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BBC News, 8th June 2017

Source: www.bbc.co.uk

Judge agrees natural father should not be given notice of care proceedings – Local Government Lawyer

‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Cross examination of abused wife a ‘stain’ on justice system – judge – Law Society’s Gazette

‘A High Court judge has said he will refuse to allow alleged domestic abusers to cross examine their victims in any future hearings he oversees.’

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Law Society's Gazette, 31st May 2017

Source: www.lawgazette.co.uk

Man cleared of murder after cutting wife’s throat during argument – The Guardian

Posted May 31st, 2017 in domestic violence, murder, news by sally

‘A husband has been cleared of murdering his wife after she “flipped like the Hulk” during an argument.’

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The Guardian, 30th May 2017

Source: www.theguardian.com

People who violently attack children to get longer jail terms, Theresa May pledges – Daily Telegraph

‘People who violently attack children will get longer jail terms under a Tory Government, Theresa May will announce today as part a major crackdown.’

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Daily Telegraph, 28th May 2017

Source: www.telegraph.co.uk

Teenager cleared of manslaughter after killing stepfather with one punch – The Independent

Posted May 17th, 2017 in domestic violence, homicide, news, young persons by sally

‘A teenager who killed his stepfather with a punch to the head has walked free from court.’

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The Independent, 16th May 2017

Source: www.independent.co.uk

Abuse victims ‘failed by police and courts over online harassment’ – The Guardian

‘Police and court action, including the imposition of restraining orders, is failing to prevent domestic abusers and stalkers from carrying on their campaigns of harassment and abuse against their victims online, a unique survey of victims has revealed.’

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The Guardian, 8th May 2017

Source: www.guardian.co.uk

Elizabeth Hart-Browne cleared of murdering boyfriend – BBC News

Posted April 28th, 2017 in domestic violence, murder, news by tracey

‘A woman accused of stabbing her boyfriend with a kitchen knife has been cleared of his murder after telling jurors she feared he would kill her.’

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BBC News, 27th April 2017

Source: www.bbc.co.uk

Warrington man, 95, spared jail after trying to kill wife with pan – BBC News

Posted April 26th, 2017 in attempts, domestic violence, elderly, guilty pleas, murder, news, sentencing by sally

‘A 95-year-old man who tried to kill his wife has been spared jail because the judge said it was “an exceptional case”.’

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BBC News, 25th April 2017

Source: www.bbc.co.uk

Man jailed for ‘violent’ murder of former partner – BBC News

Posted April 10th, 2017 in domestic violence, murder, news, sentencing by sally

‘A man has been jailed for life for killing his former partner in a prolonged attack that left her with more than 90 injuries.’

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BBC News, 7th April 2017

Source: www.bbc.co.uk

Man who beat wife with cricket bat is jailed after misleading court – The Guardian

Posted April 10th, 2017 in domestic violence, news, sentencing, sport by sally

‘A man who beat his wife with a cricket bat and forced her to drink bleach has been resentenced to 18 months after he avoided jail at an earlier hearing by falsely claiming to have a job offer as a professional cricketer.’

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The Guardian, 7th April 2017

Source: www.guardian.co.uk

Thousands of domestic violence victims withdrawing from legal action after Government cuts, figures reveal – The Independent

‘More than 160,000 victims of domestic violence in England withdrew their support for charges against their abusers in 2016, a number that rocketed by almost 40 per cent compared with the previous 12 months, exclusive figures reveal.’

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The Independent, 9th April 2017

Source: www.independent.co.uk

Cricketer Mustafa Bashir attack sentence to be reviewed – BBC News

Posted April 6th, 2017 in complaints, domestic violence, news, sentencing by tracey

‘A cricketer’s sentence for domestic abuse is to be reviewed amid an outcry over the judge’s “leniency”.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

What is it with judges and women? – The Guardian

‘Men who inflict terrible violence on their partners are walking free from courts that treat their crimes lightly.’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk