Category: guardianship

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

Posted February 5th, 2020 in care orders, children, codes of practice, families, family courts, guardianship, legal representation, news by tracey

‘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

Posted February 5th, 2020 in care orders, children, codes of practice, families, family courts, guardianship, legal representation, news by tracey

‘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

Posted January 22nd, 2020 in care orders, carers, codes of practice, disabled persons, guardianship, learning difficulties, local government, news by sally

‘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

Posted January 16th, 2020 in child abuse, children, family courts, guardianship, local government, news, statutory interpretation by sally

‘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

Posted January 9th, 2020 in child abuse, children, codes of practice, deprivation of liberty safeguards, detention, family courts, financial provision, guardianship, mental health, news, placement orders, Supreme Court by sally

‘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

Posted October 31st, 2019 in care orders, family courts, guardianship, judges, news, placement orders, professional conduct by sally

‘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

Posted October 29th, 2019 in care orders, family courts, guardianship, judges, news, placement orders, professional conduct by tracey

‘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

Posted October 10th, 2019 in deceit, financial provision, guardianship, identification, news, parental responsibility, paternity, repayment by tracey

‘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

Posted October 2nd, 2019 in care orders, child abuse, family courts, guardianship, local government, news, third parties by sally

‘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

Posted May 30th, 2019 in care orders, children, codes of practice, families, family courts, guardianship, news, time limits by tracey

‘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

Posted May 28th, 2019 in care orders, children, codes of practice, family courts, guardianship, news, time limits by tracey

‘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