Major changes in family courts – Ministry of Justice

Posted March 14th, 2014 in children, families, family courts, press releases by tracey

‘The Children and Families Act has been given Royal Assent today, meaning reforms which will put children firmly at the heart of the family justice system will be introduced as part of the relaunched family court system being implemented on 22 April 2014.’

Full press release

Ministry of Justice, 13th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

S v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v G – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

S v Minister voor Immigratie, Integratie en Asiel;  Minister voor Immigratie, Integratie en Asiel v G: (Case C-457/12);   [2014] WLR (D)  121

‘A member state was entitled, pursuant to Parliament and Council Directive 2004/38/EC, to refuse to grant a right of residence to a third country national who was a family member of a Union citizen where that citizen was a national of and resided in that member state but regularly travelled to another member state in the course of his professional activities. However, article 45FEU of the FEU Treaty conferred on a third country national who was the family member of a Union citizen a derived right of residence in the member state of which that citizen was a national, where the citizen resided in that member state but regularly travelled to another member state as a worker within the meaning of that provision, if the refusal to grant such a right of residence discouraged the worker from effectively exercising his rights under article 45FEU, which was for the referring court to determine.’

WLR Daiily, 12th March 2014

Source: www.iclr.co.uk

 

O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B: (Case C-456/1;   [2014] WLR (D)  120

‘Article 21(1)FEU of the FEU Treaty meant that where a Union citizen had created or strengthened a family life with a third country national during genuine residence, pursuant to and in conformity with the conditions set out in articles 7(1) and (2) and article 16(1) and (2) of Parliament and Council Directive 2004/38/EC in a member state other than that of which he was a national, the provisions of the Directive applied by analogy where that Union citizen returned, with the family member in question, to his member state of origin.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Judge to probe ‘jihadist’ claims over boys, aged 11 and 12 – Daily Telegraph

Posted March 12th, 2014 in care orders, children, families, inciting religious hatred, Islam, news by tracey

‘Two young brothers could be taken into care after their mother warned they were being radicalised with extremist Islamist views by her estranged husband, the High Court was told.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

Farmer’s daughter sues parents for slice of £7 million estate claiming she tended cows while sisters went dancing – Daily Telegraph

Posted March 11th, 2014 in agriculture, appeals, families, news, wills by tracey

‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’

Full story

Daily Telegraph, 10th March 2014

Source: www.telegraph.co.uk

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Families ‘torn apart’ by immigration rules on spouses – BBC News

Posted March 4th, 2014 in families, human rights, immigration, news, visas by sally

‘A minimum income requirement imposed on non-EU migrants limits the number able to enter the UK. But some families claim the system is unfair and is keeping spouses and their children apart, as Inside Out East reports.’

Full story

BBC News, 3rd March 2014

Source: www.bbc.co.uk

12-year-old boy walks free after raping younger sister as judge rules he is ‘not a danger to society’ – The Independent

Posted March 4th, 2014 in children, families, news, pornography, rape, sexual offences by sally

‘A 12-year-old boy who raped his seven-year-old sister after watching porn online has walked free after a judge ruled he is not a danger to society.’

Full story

The Independent, 3rd March 2014

Source: www.independent.co.uk

Bereaved families at the heart of the coroner system – Ministry of Justice

Posted February 26th, 2014 in bereavement, coroners, families, inquests, reports by tracey

‘Bereaved loved ones will be put at the heart of the coroner system, Justice Minister Simon Hughes said today as he launched a new guide for people who have to become involved with inquests.’

Full guide

Ministry of Justice, 24th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

Full story

NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Care fees ruling: the implications for other families – Daily Telegraph

Posted February 13th, 2014 in care homes, elderly, families, fees, housing, news by sally

‘Worcestershire County Council has lost a court battle over its attempt to sell a woman’s home to pay for care.’

Full story

Daily Telegraph, 12th February 2014

Source: www.telegraph.co.uk

Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

Surrogacy: A Guide to the Current Law (Part 2) – Issues Arising – Family Law Week

Posted February 3rd, 2014 in consent, enforcement, families, news, surrogacy by tracey

‘In the second of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the main issues arising from the current legislation.’

Full story

Family Law Week, 30th January 2014

Source: www.familylawweek.co.uk

Judge backs claim by grandmother for financial support from council – Local Government Lawyer

Posted January 30th, 2014 in costs, families, fostering, grandparents, local government, news, social services by sally

‘A grandmother has won a High Court battle with a council over the financial support she claimed she should have received to care for her 11-year-old granddaughter.’

Full story

Local Government Lawyer, 29th January 2014

Source: www.localgovernmentlawyer

Children: Public Law Update – Family Law Week

‘John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.’

Full story

Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk

Woman jailed for murder of 11-month-old son – The Guardian

‘A mother has been jailed for a minimum of 14 years for murdering her 11-month-old son.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk

In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily

In re LC (Children)(Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] WLR (D) 11

‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Reyes v Migrationsverket – WLR Daily

Posted January 20th, 2014 in EC law, families, freedom of movement, law reports by sally

Reyes v Migrationsverket (Case C-423/12); [2014] WLR (D) 6

‘Under article 2(2)(c) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), a member state could not require a direct descendant who was 21 years old or older to have tried unsuccessfully to obtain employment or to obtain subsistence support from the authorities of his country of origin and/or otherwise to support himself in order to be regarded as dependent and thus come within the definition of a “family member”. The fact that a relative—due to personal circumstances such as age, education and health—was deemed to be well placed to obtain employment and in addition intended to start work in the member state did not affect the interpretation of “dependent”.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Ex-couple jailed for spending £450,000 of daughter’s disability fund on cars and jewels – The Independent

Posted January 20th, 2014 in compensation, disabled persons, families, negligence, news, sentencing, theft by sally

‘A divorced couple have been jailed after they stole almost £500,000 from their severely brain damaged daughter’s £2.6 million compensation fund, to finance their “greed and indulgence”.’

Full story

The Independent, 17th January 2014

Source: www.independent.co.uk