Parental alienation- the duty to identify at an early stage or risk getting it wrong – Becket Chambers

Posted January 22nd, 2020 in children, families, family courts, news, parental responsibility by sally

‘This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation on the basis that it is right to do so… She is unable to perceive herself as being an agent or a cause.” This case should act as a warning to the Court and practitioners as to the very harrowing consequences of parental alienation. Re A shows how complex cases become when one parent alienates children from the other parent.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Court orders change in living arrangements for a child following parental alienation – Family Law

Posted January 9th, 2020 in children, news, parental responsibility, residence orders by tracey

‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’

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Family Law, 8th January 2020

Source: www.familylaw.co.uk

Transfer of residence should not be seen as a “last resort” even in the absence of a finding of “parental alienation” or “intractable hostility” – Becket Chambers

Posted November 19th, 2019 in children, news, parental responsibility, residence orders by sally

‘In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents.

Two cases decided in 2019 consider further the question of transfer of residence in cases where a child is found to be suffering harm as a result of one parent’s fixed view of the other.’

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Becket Chambers, 5th November 2019

Source: becket-chambers.co.uk

Parental alienation: treading a treacherous path – Family Law

Posted November 14th, 2019 in contact orders, divorce, news, parental responsibility by tracey

‘A Bristol judge has decided to publish his decision in an exceptional case of parental alienation.’

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Family Law, 14th November 2019

Source: www.familylaw.co.uk

Successful Reunification of Child to his Parents Using the Resolutions Approach – Park Square Barristers

Posted October 31st, 2019 in children, news, parental responsibility, supervision orders by sally

‘In September 2017 the child was presented to hospital with numerous injuries. At a finding of fact hearing the court found that the injuries were inflicted by either the mother or father (Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575). Neither parent accepted perpetration of the injuries and after the findings were made maintained those denials. This was a single-issue case. The Local Authority approach to the parents in assessment was that the parents were unsafe to care for the child as they denied the findings of the court. As a result the LA deemed them to be unsafe or untreatable. The Local Authority sought permanent removal of the child from the parents’ care.’

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Park Square Barristers, 1st October 2019

Source: www.parksquarebarristers.co.uk

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

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Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

The Supreme Court’s Judgment on the Limits of the Exercise of Parental Responsibility – Family Law

‘The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick (Gillick v West Norfolk and Wisbech AHA House of Lords [1986]) competent, amounted to a deprivation of his liberty where his parents had consented to such confinement.’

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Family Law, 20th October 2019

Source: www.familylaw.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

Can parents agree to a 16 year old being detained? – Transparency Project

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

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Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

Manchester mum fed takeaways to dying obese child – BBC News

Posted September 12th, 2019 in child neglect, news, obesity, parental responsibility by tracey

‘A mother called her obese child a “doughnut”, stopped them exercising and fed them takeaways before they died from a heart condition at 13, a report has found.’

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BBC News, 11th September 2019

Source: www.bbc.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

Registration of a birth: Re T (A child) – Law & Religion UK

Posted July 9th, 2019 in birth, children, news, parental responsibility, registrars, time limits by sally

‘Legislation associated with the naming of children is a recurring theme; our first post was in 2014 and most recently, last September. In contrast to considerations of what names are, and are not, acceptable in law, the judgment Re T (A child) [2019] EWHC 1572 (Fam) concerned a child who had been given a name and surname, but whose father had “strenuously resisted” its formal registration, “notwithstanding that a failure to do so is, in a variety of practical ways, likely to serve as an impediment to the promotion of T’s welfare as well as to have an adverse impact on F’s own legal status”.’

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Law & Religion UK, 8th July 2019

Source: www.lawandreligionuk.com

Man who refused to register son’s birth loses high court case – The Guardian

‘A man who refused to register his son’s birth because he says he does not want him to be controlled by the state has lost a high court case.’

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The Guardian, 23rd June 2019

Source: www.theguardian.com

Kerry Katona fined £500 for failing to send her child to school – BBC News

‘Singer Kerry Katona has been fined £500 for failing to send one of her children to school.’

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BBC News, 8th May 2019

Source: www.bbc.co.uk

Children: Public Law Update (Spring 2019) – Family Law Week

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

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Family Law Week, 2nd April 2019

Source: www.familylawweek.co.uk

Court hears test case on ability of parents to make decisions for children over 18 with learning disabilities – Local Government Lawyer

‘The Court of Protection will this week hear a test case brought by the parents of three young people with learning disabilities over the position under current law which prevents them being able to make best interests decisions on behalf of their children as they are now over 18.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

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