Family courts rule to inoculate children when parents disagree on the vaccination of their children – Garden Court Chambers

Posted February 25th, 2021 in children, consent, coronavirus, human rights, news, parental responsibility, vaccination by sally

‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

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Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk

Bristol: Brain-damaged baby dies after life support ruling – BBC News

Posted February 2nd, 2021 in birth, consent, hospitals, medical treatment, news, parental responsibility, paternity by sally

‘A brain-damaged baby has died days after a judge ruled that doctors could stop providing life-support treatment.’

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BBC News, 1st February 2021

Source: www.bbc.co.uk

Childhood vaccination disputes – where does the law stand in public and private law proceedings? – Family Law

‘As the vaccinations against COVID-19 begin to be administered, it is worth revisiting recent judicial approaches in vaccination disputes concerning children in both public and private law proceedings.’

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Family Law, 6th January 2021

Source: www.familylaw.co.uk

What about me?: Reframing Support for Families following Parental Separation – Courts and Tribunals Judiciary

Posted November 12th, 2020 in children, divorce, family courts, parental responsibility, press releases by tracey

‘A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published.

President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve good co-parenting between separated parents. It is an important and impressive document.”‘

Full press release

Courts and Tribunals Judiciary, 12th November 2020

Source: www.judiciary.uk

Divorcing A Parent – Pallant Chambers

Posted October 21st, 2020 in chambers articles, children, divorce, families, news, parental responsibility by sally

‘A spoilt teenager may selfishly cry “I wish you weren’t my mum / dad anymore!” for dramatic effect, but in other families this can be the genuine plea of an abused child. Their desire to cut ties and to restrict the abusive parent’s involvement in their lives is usually understandable but is not always easy to do.’

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Pallant Chambers, 19th October 2020

Source: www.pallantchambers.co.uk

ThoughtLeaders4 HNW Divorce: The Legal Implications of Donor Insemination – Pump Court Chambers

‘From single-parent families to “blended” or extended family units, whether they be same-sex parents or opposite-sex parents, the concept of the “nuclear family” has become less prevalent, and less apt, to describe modern families in the 21st century. Today’s modern family structures include those where children are created through assisted reproductive technologies and encompass sperm/ egg/embryo donation, or children born via a surrogate or are adopted. Despite dedicated legislation in the form of HEFA 1990 and 2008, the law is in a permanent state of catch-up with the advances in medical reproductive technologies. Novel legal issues are emerging, which the law has had to respond to, and grapple with.’

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Pump Court Chambers, 12th August 2020

Source: www.pumpcourtchambers.com

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Surrogacy and human rights — Anna Dannreuther – UK Human Rights Blog

‘In Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 the Family Court read down section 54 of the Human Fertilisation and Embryology Act 2008 to enable a parental order to be granted where an intending parent died shortly before the child’s birth. This ensured the child’s Article 8 and 14 rights were protected, and prevented much emotional hardship for this family.’

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UK Human Rights Blog, 26th June 2020

Source: ukhumanrightsblog.com

Fines for school non-attendance in England to resume from autumn – The Guardian

Posted June 30th, 2020 in coronavirus, fines, news, parental responsibility, school children, truancy by sally

‘Parents in England who fail to send their children back to school in September will face fines unless they have a good reason for them not attending, the education secretary has said.’

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The Guardian, 29th June 2020

Source: www.theguardian.com

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