Category: families

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

Posted June 18th, 2021 in brexit, carers, chambers articles, children, citizenship, EC law, families, immigration, news, visas by sally

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Religious circumcision in the courts again: P – Law & Religion UK

Posted June 18th, 2021 in children, families, family courts, guardianship, human rights, Islam, local government, news by tracey

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

Family Arbitration: the outlook after Haley – Family Law

Posted June 18th, 2021 in appeals, arbitration, divorce, families, family courts, financial dispute resolution, news by tracey

‘The recent decision of the Court of Appeal in Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is “wrong”. This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted June 18th, 2021 in appeals, divorce, families, financial dispute resolution, news, pensions by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

Parental Alienation: Where Are We All Going Wrong? – Family Law Week

Posted June 18th, 2021 in appeals, children, families, mental health, news by tracey

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for a fact-finding approach to cases involving alleged parental alienation.’

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Family Law Week, 14th June 2021

Source: www.familylawweek.co.uk

Man convicted of murders of two women in Yorkshire, 21 years apart – The Guardian

Posted June 18th, 2021 in bereavement, families, murder, news, victims, women by tracey

‘Relatives have paid tribute to two women killed by the same man, after he was convicted of the two murders more than 20 years apart. Gary Allen murdered both Samantha Class and Alena Grlakova, a jury decided. Class was killed in Hull in 1997, and Grlakova in Rotherham in 2018.’

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The Guardian, 18th June 2021

Source: www.theguardian.com

Judge dismisses application by birth parents for boy in interim care to be circumcised before second birthday – Local Government Lawyer

Posted June 16th, 2021 in care orders, children, families, family courts, Islam, local government, news, social services by sally

‘A High Court judge has dismissed an application by a mother for a boy (P), who is aged 21 months and in interim care, to be circumcised in accordance with the custom of the Muslim faith before his second birthday.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

Posted June 14th, 2021 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

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St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Failure to remove claims and section 20 accommodation – Local Government Lawyer

Posted June 11th, 2021 in children, duty of care, families, housing, local government, negligence, news, social services by tracey

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Terminating a father’s responsibility for the child – Local Government Lawyer

Posted June 11th, 2021 in children, families, family courts, news, parental responsibility by tracey

‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week

Posted June 11th, 2021 in appeals, care orders, children, families, guardianship, local government, news by tracey

‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’

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Family Law Week, 9th June 2021

Source: www.familylawweek.co.uk

Ex-police officer who tracked wife with GPS spared same fate Published14 hours ago – BBC News

Posted June 11th, 2021 in coercive & controlling behaviour, electronic monitoring, families, married persons, news, probation, sentencing by tracey

‘A controlling husband who planted a GPS device in his wife’s car objected to being tracked himself as punishment.’

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BBC News, 10th June 2021

Source: www.bbc.co.uk

Christopher Kapessa: Family wins legal bid to review decision not to prosecute teen over river death – The Independent

Posted June 11th, 2021 in bereavement, causing death of children or vulnerable adults, children, Crown Prosecution Service, families, homicide, judicial review, news, prosecutions, unlawful killing, young offenders by tracey

‘The family of 13-year-old Christopher Kapessa, who died after being pushed into the River Cynon in South Wales in July 2019, have won a High Court bid for a review of the decision not to prosecute the teenager accused of being responsible.’

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The Independent, 11th June 2021

Source: www.independent.co.uk

Costs orders – litigate at your peril – Family Law

Posted June 7th, 2021 in costs, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

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Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Newborn care report sparks judicial response – Law Society’s Gazette

Posted June 7th, 2021 in adoption, birth, care orders, children, families, fostering, judges, news, notification, social services, statistics by tracey

‘Judges are to investigate the use of urgent hearings in proceedings involving babies, after a study found that 85% of mothers in cases involving newborns being taken into care were given less than seven days’ formal notice.’

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Law Society's Gazette, 4th June 2021

Source: www.lawgazette.co.uk

Narcissism and Family Law – a practitioner’s guide – Family Law Week

Posted June 7th, 2021 in barristers, divorce, families, legal profession, mental health, news, solicitors by tracey

‘Karin Walker, Founder of KGW Family Law, provides a guide to help family lawyers identify and manage narcissistic behaviour in any divorce or separation.’

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Family Law Week, 4th June 2021

Source: www.familylawweek.co.uk

‘Overwhelming and emotionally traumatic’: 1 in 6 new mothers only given a day’s notice of care proceedings, research says – The Independent

Posted June 7th, 2021 in adoption, birth, care orders, children, families, fostering, mental health, news, notification, social services, statistics by tracey

‘One in six mothers involved in care proceedings over the last year were given just a day’s notice of a court hearing to decide whether their newborn child would be taken into care, according to research. The vast majority of such women in England and Wales receive less than one week’s notice, new analysis shows.’

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The Independent, 5th June 2021

Source: www.independent.co.uk

Hillsborough disaster: Police forces agree compensation money after cover-up – The Independent

Posted June 7th, 2021 in accidents, bereavement, class actions, compensation, damages, families, misfeasance in public office, news, police, sport, unlawful killing, victims by tracey

‘Two police forces have agreed to pay damages to more than 600 people after a cover-up following the Hillsborough disaster, lawyers have said. The South Yorkshire and West Midlands forces agreed the settlement following a civil claim for misfeasance in a public office on behalf of 601 claimants, solicitors representing the victims said.’

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The Independent, 5th June 2021

Source: www.independent.co.uk

Christopher Kapessa: Mum plans legal action over river death – BBC News

Posted June 7th, 2021 in accidents, bereavement, causing death of children or vulnerable adults, children, Crown Prosecution Service, families, homicide, judicial review, news, police, prosecutions, public interest, race discrimination, young offenders by tracey

‘A mother plans to launch her own legal action if the decision not to prosecute the boy reportedly involved in her son’s death is not reversed.’

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BBC News, 7th June 2021

Source: www.bbc.co.uk

‘Judicial’ Hillsborough inquiry questionnaires cast doubt on trial ruling – The Guardian

Posted June 4th, 2021 in accidents, bereavement, families, inquiries, news, perverting the course of justice, police, sport by sally

‘Further doubt has been cast on the ruling that stopped the trial of two former South Yorkshire police officers and the force’s ex-lawyer on charges of perverting the course of public justice, for amending police statements after the 1989 Hillsborough disaster.’

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The Guardian, 3rd June 2021

Source: www.theguardian.com