Prosecuting Parents of Children Who Have Missed School – Restorative Justice

‘It is a parent’s duty to ensure that from the ages of 5-18 years old, their children are in full-time education and attend school or college regularly. Most parents, of course, want their children to attend school, to be happy to do so, and to benefit from what school offers. But that is evidently not the case for every child. In England and Wales, the offence of truancy is committed by parents or carers of school age children whose children have not attended school regularly. Surprisingly, it is a strict liability offence – Section 7 of the Education Act 1996 sets out a parental duty to secure the efficient education of children by ensuring the child’s regular attendance at school or otherwise. If the child fails to attend school regularly the parent is guilty of an offence. Under Subsection 444 (1) the offence is strict liability; the parent is guilty even if he did not know that the child has missed school. If, for example, the child was living with her grandmother and missed school, the child’s parents would be liable for prosecution for their child’s truancy, even if they did not know she was missing school. Under Subsection 444 (1A) there is a further offence if the parent knew about the child’s absence and failed to act.’

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Restorative Justice, March 2019

Source: covrj.uk

Part 1 – Surrogacy and legal parentage: let intentionality prevail – Family Law

‘In this new 2-part series, Mavis Amonoo-Acquah, a barrister at Lamb Building Chambers, discusses issues surrounding Surrogacy Law, Legal Parentage and proposed reform, in light of Californian Law precedents.’

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Family Law, 1st March 2019

Source: www.familylaw.co.uk

Analysis: Child Arrangement Order – Family Law

‘According to Azhar Hussain, solicitor-Advocate and head of family at Optimal Solicitors, a child arrangement order may be necessary to resolve disagreements regarding where and with who children will live, or how much time they will spend with a parent or other person with whom they do not live.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Analysis: Parental alienation and the new Cafcass assessment framework – Family Law

Posted February 27th, 2019 in children, divorce, families, news, parental responsibility, parental rights by tracey

‘Laura Hughes and Rebecca Dziobon, of Penningtons Manches LLP, discuss parental alienation, a form of psychological abuse against both the child and the rejected parent, and which is a concept that is becoming more recognised and understood in the UK.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Parental responsibility: is a rapist father still a father? – Family Law

Posted February 26th, 2019 in care orders, news, notification, parental responsibility, parental rights, rape by tracey

‘Partner Oliver Gravell and trainee solicitor Georgia Wright, of Birketts LLP, examine MPs support for a young woman who was seeking to deny parental rights to a man who raped her, as they are demanding a change to the Children Act 1989. Gravell and Wright look at the legal issues surrounding parental responsibility.’

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Family Law, 26th February 2019

Source: www.familylaw.co.uk

Analysis: Parental responsibility – Family Law

Posted February 22nd, 2019 in care orders, children, news, parental responsibility by tracey

‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’

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Family Law, 22nd February 2019

Source: www.familylaw.co.uk

Analysis – Removal of parental responsibility: C v D and another [2018] EWHC 3312 (Fam) – Family Law

‘Anthony Gold’s Victoria Brown looks at cases in which the court will decide to remove parental responsibility from a father as they are exceptional.’

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Family Law, 31st January 2019

Source: www.familylaw.co.uk

Remedial order permitting single applicants to apply for parental orders now in force – Family Law

Posted January 21st, 2019 in news, parental responsibility, surrogacy by tracey

‘Olivia Stiles, an associate at Kingsley Napley, looks at the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, which came into force on 3 January and permits single applicants to apply for Parental Orders in respect of their biological children born through surrogacy.’

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Family Law, 21st January 2019

Source: www.familylaw.co.uk

Judge rules to allow severely ill 11-month old to ‘die peacefully’ – The Guardian

Posted December 13th, 2018 in children, consent, medical treatment, news, parental responsibility by tracey

‘A seriously ill 11-month-old girl who has spent her life in hospital should be allowed to die peacefully, a high court judge has ruled.’

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The Guardian, 13th December 2018

Source: www.theguardian.com

Mother and ex-partner jailed for ‘brutal’ murder of three-week old baby treated as a ‘fashion accessory’ – Daily Telegraph

‘A mother who treated her baby as a “fashion accessory” has been jailed with her ex-partner for 10 years each for being responsible for the “brutal” death of her three-week-old son.’

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Daily Telegraph, 7th December 2018

Source: www.telegraph.co.uk

Prosecutions of parents for child cruelty and neglect double in five years – Daily Telegraph

‘The number of parents prosecuted for child cruelty or neglect has doubled to almost 17,000 in the past five years amid concerns over rising drug and alcohol misuse and mental ill health, police figures reveal today.’

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Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Reflections on family law: What is ‘family’? – Family Law

Posted August 21st, 2018 in cohabitation, families, news, parental responsibility by sally

‘Reflections on family law can occur in the most unusual of places. After a recent delayed flight from London to Chicago (taken by Michael), a couple were asked at customs whether they were family. Both gave conflicting answers: she said yes, and he said no! Over the jet-lagged fueled bickering, it got Michael thinking about how the concept or term ‘family’ can mean different things to different people. It turned out this couple were living together as boyfriend and girlfriend but their difference of opinion on whether they were family members recalled the recent lecture given by the former President of the Family Division, Sir James Munby.’

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Family Law, 17th August 2018

Source: www.familylaw.co.uk

Children Private law update Summer 2018 – Family Law Week

Posted August 2nd, 2018 in children, habeas corpus, news, parental responsibility, residence orders by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 26th July 2018

Source: www.familylawweek.co.uk

Surrogacy and HFEA Update: July 2018 – Family Law Week

Posted July 19th, 2018 in news, parental responsibility, surrogacy by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent important judgments concerning surrogacy and highlights the focus of the Law Commission’s review of the law of surrogacy.’

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Family Law Week, 18th July 2018

Source: www.familylawweek.co.uk

Domicile – what does it mean and why is it important if you are having a baby through surrogacy? – Family Law

Posted May 23rd, 2018 in domicile, news, parental responsibility, surrogacy by tracey

‘A parental order is the UK legal solution for surrogacy; it is a post-birth court order which makes the intended parents the legal parents of their child and permanently extinguishes the status of the surrogate and her spouse. Parents through surrogacy who want to be the legal parents of their child in the UK need one, wherever they live and whether their child is born in the UK or overseas.’

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Family Law, 22nd May 2018

Source: www.familylaw.co.uk

A Short Note on Habitual Residence: AB v CD [2018] EWHC 1021 (Fam) – Family Law Week

‘Alex Laing of Coram Chambers notes Mr Justice Keehan’s judgment in a ‘helpful template case’ for the determination of disputed habitual residence.’

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Family Law Week, 22nd May 2018

Source: www.familylawweek.co.uk

Stepfather adoption: the pros and cons – Family Law

Posted February 16th, 2018 in adoption, news, parental responsibility by sally

”The legal position for a stepfather in relation to his stepchild can be fundamentally altered through an adoption order. This will extinguish parental responsibility held by everyone other than the stepfather’s partner. The stepfather will obtain parental responsibility and will be treated in law as if he were the child’s birth parent (s 67(1) of the Adoption and Children Act 2002 (ACA 2002)).

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Family Law, 15th February 2018

Source: www.familylaw.co.uk

Availability of Legal Aid for Applications Pursuant to the 1996 Hague Convention – Family Law Week

Posted February 6th, 2018 in children, legal aid, news, parental responsibility, regulations, treaties by tracey

‘Anne-Marie Hutchinson OBE QC (Hon), Partner, Dawson Cornwell, and Michael Gration, Barrister, 4 Paper Buildings, highlight an oversight in LASPO.’

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Family Law Week, 4th February 2018

Source: www.familylawweek.co.uk

Anaum Riaz discusses: Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ); The law doesn’t take a special approach to surrogacy cases – Park Square Barristers

Posted December 8th, 2017 in contact orders, news, parental responsibility, residence orders, surrogacy by sally

‘The Court of Appeal decision in Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ) this week has confirmed that the ordinarily principles of children’s law, and the fundamental question of: What is in the best interests of the child? apply in relation to surrogacy in the ordinary way. There are no special rules or considerations which apply in the case of surrogacy disputes.’

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Park Square Barristers, 24th November 2017

Source: www.parksquarebarristers.co.uk