Category: families

Watering down children’s rights – Doughty Street Chambers

Posted June 5th, 2020 in adoption, care orders, children, coronavirus, families, fostering, human rights, local government, news by sally

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

Posted June 4th, 2020 in chambers articles, child arrangements orders, children, divorce, families, news by sally

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

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5SAH, 28th May 2020

Source: www.5sah.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

Posted June 3rd, 2020 in children, coronavirus, divorce, families, health, health & safety, news, school children by sally

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers

Posted June 3rd, 2020 in accidents, bereavement, chambers articles, damages, families, news, personal injuries by sally

‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’

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Ropewalk Chambers, 19th May 2020

Source: www.ropewalk.co.uk

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

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Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

Professional Regulation – Case Comment: Caroline Reilly V Teaching Regulation Agency and Secretary of State for Education (2020) EWHC 1188 (Admin) – Park Square Barristers

Posted June 1st, 2020 in chambers articles, child abuse, children, disciplinary procedures, disclosure, employment, families, fitness to plead, indecent photographs of children, news, professional conduct, teachers, unfair dismissal by sally

‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’

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Park Square Barristers, 15th May 2020

Source: www.parksquarebarristers.co.uk

Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers

Posted June 1st, 2020 in chambers articles, coercive & controlling behaviour, domestic violence, families, forfeiture, homicide, news, time limits, unlawful killing by sally

‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’

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Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer

Posted June 1st, 2020 in adoption, children, families, family courts, judges, local government, news by sally

‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’

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Local Government Lawyer, 29th May 2020

Source: www.localgovernmentlawyer.co.uk

London borough wins High Court battle with tenant on banding and overcrowding – Local Government Lawyer

Posted May 28th, 2020 in families, housing, judicial review, local government, news by sally

‘The London Borough of Southwark was entitled to conclude a family was not in the highest category of overcrowding because it had voluntarily moved into accommodation that would become statutorily overcrowded as its children grew older.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Covid-19 remote hearings “must not become settled norm” – Legal Futures

Posted May 28th, 2020 in coronavirus, families, family courts, news, remote hearings by sally

‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

Posted May 28th, 2020 in bigamy, coronavirus, divorce, families, family courts, foreign jurisdictions, marriage, news, remote hearings by sally

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

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Family Law, 28th May 2020

Source: www.familylaw.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

Posted May 28th, 2020 in care orders, children, families, fostering, local government, medical treatment, news, parental rights, vaccination by sally

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

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UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Chancery Lane calls for ‘best practice’ document on remote hearings in family courts, warns of “guidance fatigue” – Local Government Lawyer

Posted May 28th, 2020 in codes of practice, coronavirus, families, family courts, news, remote hearings by sally

‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’

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Local Government Lawyer, 27th May 2020

Source: www.localgovernmentlawyer.co.uk

Dealing with estate administration – Family Law

Posted May 28th, 2020 in administrators, bereavement, executors, families, inheritance tax, news, taxation, wills by sally

‘It is the job of Executors (appointed under a Will) or Administrators (entitled by law where there is no Will) to deal with administering the estate of someone who has died.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

New tax changes that may impact on divorcing couples – Family Law

Posted May 28th, 2020 in capital gains tax, divorce, families, news, taxation by sally

‘The start of the new tax year has understandably almost arrived unnoticed due to the pandemic, however, there are some pretty big changes which came into effect from 6 April 2020 which may particularly impact divorcing couples.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

Posted May 28th, 2020 in appeals, coercive & controlling behaviour, domestic violence, families, homicide, inheritance tax, murder, news, victims, wills by sally

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com

Keeping families together: the role of the court in child reunification – Family Law

Posted May 27th, 2020 in children, families, family courts, guardianship, news, supervision orders by sally

‘On May 11th the first meeting of a newly formed sub-group of the Public Law Working Group took place to review practice, guidance, regulations and the effectiveness of the law on supervision orders. Authorised by the President of the Family Division, the working party will be led by Professor Judith Harwin, Centre for Child and Family Justice, Lancaster University and Mr. Justice Keehan. It is the first review of the legislation since its enactment in the Children Act 1989.’

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Family Law, 26th May 2020

Source: www.familylaw.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

Posted May 22nd, 2020 in anonymity, appeals, child abuse, children, families, local government, media, news, public interest, sexual offences, social services by sally

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Children getting older as ‘unnatural increase’ for overcrowding – Nearly Legal

Posted May 22nd, 2020 in children, families, housing, judicial review, local government, news by sally

‘This was a judicial review of Southwark’s allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded.’

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Nearly Legal, 21st May 2020

Source: nearlylegal.co.uk