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

Surrogacy arrangement breakdown: surrogate ordered to hand child over to intended parents – Transparency Project

Posted December 4th, 2017 in children, news, parental responsibility, surrogacy by sally

‘The case concerned two couples A and B, male same-sex partners, and C and D, a heterosexual married couple. C and D had 5 children of their own. C, having been a gestational surrogate on two previous occasions, entered into a surrogacy agreement with A and B. C became pregnancy with H following embryo transfer. (using embryos created from A and B’s sperm and a donor egg from a Spanish egg donor which resulted in C’s pregnancy with H. A DNA test later confirmed A’s paternity.)’

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Transparency Project, 30th November 2017

Source: www.transparencyproject.org.uk

Cafcass launches ‘ground-breaking’ pilot scheme to crack down on parental alienation – Family Law

‘The Children and Family Court Advisory and Support Service (Cafcass) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied contact.’

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Family Law, 27th November 2017

Source: www.familylaw.co.uk

Ann Maguire murder: Coroner issues Facebook contracts plea – BBC News

Posted November 23rd, 2017 in children, coroners, internet, murder, news, parental responsibility, teachers by sally

‘A coroner has called for the creation of social media “contracts” for parents after it emerged a teacher’s murderer discussed killing her on Facebook.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

Court of Appeal Overturns Birmingham CC v D: 16-17 Year Olds Who Lack Capacity Not Deprived of Their Liberty Within Art 5 Where Parents Consent to Their Confinement – Garden Court Chambers

‘This is the appeal from the decision of Keehan J in Birmingham CC v D [2016] EWCOP 8.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Is it too late to change your mind if you decided against applying for a parental order when your child was born? – Family Law

Posted October 19th, 2017 in news, parental responsibility, parental rights, surrogacy, time limits by tracey

‘In the case of Re B (Foreign Surrogacy) [2016] EWFC 77, High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline, and notwithstanding that the parents had previously decided against applying.’

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Family Law, 18th October 2017

Source: www.familylaw.co.uk

Divorce and children – is shared care a right or responsibility? – Family Law

Posted October 9th, 2017 in children, custody, divorce, families, news, parental responsibility, parental rights by sally

‘‘I know my rights’ – With that statement a family lawyer will naturally turn to s 2A of the Children Act 1989 and the presumption of parental involvement.
‘Parents do not have rights, they have responsibilities’ – Arguably one is now considering the court’s overriding objective and paramount consideration as set out in s 1 of the Children Act 1989 which highlights the welfare of any child.’

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Family Law, 5th October 2017

Source: www.familylaw.co.uk

Judge refuses to order parents to take down petition over care orders – Local Government Lawyer

Posted August 23rd, 2017 in care orders, internet, news, parental responsibility, parental rights by sally

‘Parents who objected to care decisions made about their children after applications by Southend-on-Sea Borough Council need not remove an online petition airing their grievances, the Family Court has ruled.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Mothers ‘an unseen force’ in ‘honour’ abuse – BBC News

‘Mothers are the “unseen force” behind so-called honour-based abuse, inflicting violence on their daughters, a study has found. Research by Rachael Aplin, a criminologist from Leeds Beckett University, said this was often unrecognised by police.’

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BBC News, 27th June 2017

Source: www.bbc.co.uk

Surrogacy Law / HFEA Update – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy judgments and the latest cases concerning administrative errors relating to consent forms and the HFEA.’

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Family Law Week, 21st June 2017

Source: www.familylawweek.co.uk

Bullying mother robbed teenage son of his childhood by convincing him he was dying, judge says – Daily Telegraph

‘A “bullying” mother robbed her teenage son of his childhood by convincing him he was dying, a judge has said.’

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Daily Telegraph, 25th May 2017

Source: www.telegraph.co.uk

Supreme court upholds ban on term-time holidays – The Guardian

‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’

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The Guardian, 6th April 2017

Source: www.guardian.co.uk

More than 100 parents per school day are being prosecuted for taking their children out of school, new figures show – Daily Telegraph

‘More than a hundred parents are being prosecuted per school day for taking their children out of school without permission, new figures have revealed on the eve of the Supreme Court’s ruling on term-time holidays.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

Adopting Scottish Children in England – Family Law Week

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

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Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk