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

New Act comes into force to help manage affairs of missing people – Family Law

Posted August 1st, 2019 in guardianship, legislation, missing persons, news by tracey

‘The Guardianship (Missing Persons) Act 2017 came into force in England and Wales on 31 July 2019. The act is informally known as Claudia’s Law, as former solicitor Peter Lawrence campaigned for a change after his daughter’s disappearance in 2009.’

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Family Law, 1st August 2019

Source: www.familylaw.co.uk

Special Guardianship Orders and Overseas Placements – Family Law Week

Posted July 25th, 2019 in children, foreign jurisdictions, guardianship, news, placement orders by tracey

‘Maria Wright, PhD Candidate at the University of Bristol, and solicitor, highlights some of the challenges associated with placing children under SGOs overseas and asks whether such placements warrant a distinct form of legal framework tailored to meet their specific needs.’

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Family Law Week, 19th July 2019

Source: www.familylawweek.co.uk

Family Justice Council issues interim guidance on special guardianship and extensions to 26-week time limit – Local Government Lawyer

‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’

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Local Government Lawyer, 28th May 2019

Source: www.localgovernmentlawyer.co.uk

Munby’s concerns prompt fresh guidance on special guardians – Law Society’s Gazette

‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’

Courts and Tribunals Judiciary press release

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Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

Discharging a Court of Protection Security Bond After P Dies – Radcliffe Chambers

Posted February 8th, 2019 in Court of Protection, enforcement, guardianship, news, surety, wills by sally

‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’

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Radcliffe Chambers, 4th February 2019

Source: www.radcliffechambers.com

Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018 – Courts and Tribunals Judiciary

Posted November 26th, 2018 in care orders, children, family courts, guardianship, social services, speeches, time limits by tracey

‘Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018.’

Full speech

Courts and Tribunals Judiciary, 23rd November 2018

Source: www.judiciary.uk

Court of Appeal sets out approach when considering SGOs in care proceedings – Family Law

Posted July 5th, 2018 in appeals, care orders, guardianship, news by tracey

‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

Representation of children in public law proceedings – Ministry of Justice

Posted May 18th, 2018 in children, guardianship, legal representation, news by tracey

‘Children subject to public law cases are usually represented by both a publicly-funded legal representative and a Cafcass guardian, known as the ‘tandem model’ of representation. This research explored how this model is working in practice during public law proceedings, and whether any reforms to the model are feasible or appropriate to ensure the rights of the child are safeguarded, efficient judicial case management is supported and public resources are effectively allocated.’

Full text

Ministry of Justice, 17th May 2018

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

Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week

Posted April 23rd, 2018 in care orders, children, guardianship, local government, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’

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Family Law Week, 20th April 2018

Source: www.familylawweek.co.uk

How can the courts protect children from extremism? – Family Law

Posted November 24th, 2017 in care orders, children, families, guardianship, news, terrorism by tracey

‘Complex cases involving the children of families in which there are adults suspected of undertaking activities linked to terrorism or of involvement in radicalisation are facing family judges up and down the country as child protection services grapple to deal with the immediate effects of extremism.’

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Family Law, 23rd November 2017

Source: www.familylaw.co.uk

Judges reject challenge over adoption and special guardianship for half-brothers – Local Government Lawyer

Posted November 14th, 2017 in adoption, appeals, families, guardianship, news by tracey

‘The Court of Appeal has dismissed a case brought against Wirral Metropolitan Borough Council over whether a child should be adopted when his older half-brothers, who lived with the same couple, were to be the subject of a special guardianship order.’

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Local Government Lawyer, 14th November 2017

Source: www.localgovernmentlawyer.co.uk

Judge allows naming of council involved in special guardianship case – Local Government Lawyer

Posted November 10th, 2017 in anonymity, guardianship, local government, news by tracey

‘A judge has allowed Gloucestershire County Council to be identified in a child guardianship case.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk