Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

Coronavirus: Single parents take government to court over welfare rules – BBC News

Posted April 3rd, 2020 in benefits, children, coronavirus, families, immigration, news by sally

‘A group of single parents who cannot claim welfare payments because of their migration status are suing the government.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

Couple who opposed council vaccinating their child lose appeal – The Guardian

Posted April 3rd, 2020 in appeals, children, families, local government, medical treatment, news by sally

‘A couple who tried to prevent the local authority from vaccinating their child, who is in care, have failed to overturn the decision by requiring courts to become routinely involved in such disputes.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

Covid-19: Pay for working parents forced to look after their children – Cloisters

Posted April 3rd, 2020 in chambers articles, children, coronavirus, employment, families, news, remuneration by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. Employment lawyers are having to advise in a context where the landscape is changing day by day. As fresh guidance is issued and new headlines emerge, the next legal queries evolve.’

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Cloisters, 27th March 2020

Source: www.cloisters.com

The Remote Family Court – where does transparency fit in? – Transparency Project

Posted April 3rd, 2020 in coronavirus, families, family courts, live link evidence, media, news by sally

‘The Transparency Project recently assisted the FLBA tech working party to gather some information and feedback in light of the publication of the key judicial guidance on family justice during the pandemic – ‘The Remote Family Court’. That document (now on version 2), sets out a number of unresolved questions at paragraph 8.3. Our contribution to that exercise focused on elements that fell within our ambit – access to journalists and legal bloggers, recording of proceedings, litigants in person, and information for the public.’

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Transparency Project, 2nd April 2020

Source: www.transparencyproject.org.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Daughter in CoP case questions “second-rate” Skype justice – Legal Futures

‘An academic who was present at the first Court of Protection hearing to be conducted over Skype last month has raised concerns over its impact on relatives and witnesses.’

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Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Met to face judicial review over role of school police officers – The Guardian

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Remote justice: a family perspective – Transparency Project

‘On Tuesday 17 March 2020, less than 24 hours after the Prime Minister’s announcement to the nation to avoid all non-essential contact due to COVID-19, I attended the first entirely remote hearing for the Court of Protection. I was there in a voluntary, non-official capacity to support someone I’ll call “Sarah”, whose father was at the centre of a serious medical treatment case.’

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Transparency Project, 29th March 2020

Source: www.transparencyproject.org.uk

Coronavirus: Domestic abuse victims ‘still allowed to leave home’ – BBC News

Posted March 30th, 2020 in coronavirus, domestic violence, families, freedom of movement, health, news, victims by sally

‘Domestic abuse victims are allowed to leave home to seek help at refuges despite rules to stop coronavirus spreading, the home secretary has said.’

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BBC News, 29th March 2020

Source: www.bbc.co.uk

High Court judge highlights clash between diplomatic immunity and child protection – Local Government Lawyer

‘A Family Court case has highlighted a “virtually insoluble dilemma” between diplomatic immunity and child protection, leading Mr Justice Mostyn to call for an amendment to the 1961 Vienna Convention on Diplomatic Relations.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Warning over rise in UK domestic abuse cases linked to coronavirus – The Guardian

Posted March 27th, 2020 in coronavirus, domestic violence, families, news, police, statistics by sally

‘There has been a rise in domestic abuse incidents directly related to the coronavirus outbreak, according to a police leader.’

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The Guardian, 26th March 2020

Source: www.theguardian.com

Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog

‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’

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UK Human Rights Blog, 24th March 2020

Source: ukhumanrightsblog.com

Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub

Posted March 26th, 2020 in appeals, children, divorce, families, interpretation, islamic law, marriage, news by sally

‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’

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Oxford Human Rights Hub, 17th March 2020

Source: ohrh.law.ox.ac.uk

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

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No. 5 Chambers, 10th March 2020

Source: www.no5.com

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

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Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

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Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk