Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

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Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

One size fits all? – No. 5 Chambers

‘The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.’

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No. 5 Chambers, 30th June 2020

Source: www.no5.com

News About Special Guardianship Orders – Transparency Project

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

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Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

The Children’s Guardian – should they ever be removed from or replaced in family proceedings? – KCH Garden Sq

Posted June 10th, 2020 in care orders, chambers articles, children, families, guardianship, news by sally

‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’

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KCH Garden Sq, 9th June 2020

Source: kchgardensquare.co.uk

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

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

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Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

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Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

Family Law Newsletter #32 – Spire Barristers

Posted January 9th, 2020 in care orders, civil partnerships, guardianship, marriage, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 6th January 2020

Source: spirebarristers.co.uk

Council refused permission to challenge Ombudsman findings on payment of special guardians – Local Government Lawyer

Posted December 19th, 2019 in budgets, children, families, fostering, guardianship, local government, news, ombudsmen by sally

‘A High Court judge has refused to grant Rochdale Council permission to challenge the findings of a Local Government and Social Care Ombudsman on the way it pays special guardians.’

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Local Government Lawyer, 19th December 2019

Source: www.localgovernmentlawyer.co.uk

Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer

‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

District judge ‘sarcastic and shaking with rage’ in flawed family hearing – Law Society’s Gazette

‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’

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Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

When One Parent Kills Another – how should the family court approach this? – Family Law Week

Posted October 22nd, 2019 in care orders, children, domestic violence, families, family courts, guardianship, murder, news by tracey

‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’

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Family Law Week, 21st October 2019

Source: www.familylawweek.co.uk

Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law

‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’

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Family Law, 10th October 2019

Source: www.familylaw.co.uk

Godparent v guardian – Family Law

Posted October 8th, 2019 in children, guardianship, news, wills by tracey

‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’

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Family Law, 7th October 2019

Source: www.familylaw.co.uk

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

Report on special guardianship orders urges changes in mindset, regulations and protocols – Local Government Lawyer

Posted August 16th, 2019 in carers, children, guardianship, news, reports by tracey

‘The Nuffield Family Justice Observatory has called for major changes to special guardianship orders (SGOs) to ensure that family members who become carers have direct experience beforehand of looking after the child concerned. Its research review was undertaken in response to the Court of Appeal’s call for authoritative, evidence-based guidance for the use of SGOs.’

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Local Government Lawyer,16th August 2019

Source: www.localgovernmentlawyer.co.uk

Report calls for reform to special guardianship to protect and support children and carers – Family Law

Posted August 6th, 2019 in children, guardianship, news, parental responsibility, reports by tracey

‘A recent report calls for significant changes to Special Guardianship Orders (SGOs), which includes ensuring family members who might become carers have direct experience of looking after the child before the court order is made. The review was commissioned by the Nuffield Family Justice Observatory in response to the Court of Appeal’s call for authoritative, evidence-based guidance for the use of SGOs. It was led by Dr John Simmonds from CoramBAAF and Professor Judith Harwin from Lancaster University.’

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Family Law, 5th August 2019

Source: www.familylaw.co.uk