‘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.’
Local Government Lawyer, 26th March 2020
Source: www.localgovernmentlawyer.co.uk
‘There has been a rise in domestic abuse incidents directly related to the coronavirus outbreak, according to a police leader.’
The Guardian, 26th March 2020
Source: www.theguardian.com
‘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.’
UK Human Rights Blog, 24th March 2020
Source: ukhumanrightsblog.com
‘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.’
Oxford Human Rights Hub, 17th March 2020
Source: ohrh.law.ox.ac.uk
‘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.’
No. 5 Chambers, 10th March 2020
Source: www.no5.com
‘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.’
Garden Court Chambers, March 2020
Source: www.gardencourtchambers.co.uk
‘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.’
Transparency Project, 21st March 2020
Source: www.transparencyproject.org.uk
‘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.’
Broadway House Chambers, 19th March 2020
Source: broadwayhouse.co.uk
‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’
Litigation Futures, 19th March 2020
Source: www.litigationfutures.com
‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’
Becket Chambers, 2nd March 2020
Source: becket-chambers.co.uk
‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’
Law Society's Gazette, 17th March 2020
Source: www.lawgazette.co.uk
‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’
The Guardian, 14th March 2020
Source: www.theguardian.com
‘Family hearings at the Court of Appeal will be live-streamed under a joint initiative by the judiciary and government to boost transparency in the justice system.’
Ministry of Justice, 12th March 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.’
Local Government Lawyer, 13th March 2020
Source: www.localgovernmentlawyer.co.uk
‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’
Family Law, 12th March 2020
Source: www.familylaw.co.uk
‘Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015.’
Family Law Week, 12th March 2020
Source: www.familylawweek.co.uk
‘The High Court has been asked to make an unprecedented order to allow a journalist to see all court papers in a flawed adoption case. The application comes as the family justice system faces heightened pressure to be more transparent.’
Law Society's Gazette, 9th March 2020
Source: www.lawgazette.co.uk
‘Ministers, police and prosecutors are under pressure to bring the ruler of Dubai to justice after a UK judge ruled that he orchestrated the abduction of two of daughters – one from the streets of Cambridge.’
BBC News, 5th March 2020
Source: www.theguardian.com
‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:
– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’
5 SAH, 26th February 2020
Source: www.5sah.co.uk
‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’
BBC News, 3rd March 2020
Source: www.bbc.co.uk
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