Category: parental responsibility

“Widespread incompetence” of fertility regulator and clinics lamented by President of Family Division – UK Human Rights Blog

Posted September 15th, 2015 in assisted reproduction, consent, human rights, news, parental responsibility by sally

‘A and others (In the matter of the Human Fertilisation and Embryology Act 2008).
This case is best summed up in Sir James Munby’s own words: “This judgment relates to a number of cases where much joy but also, sadly, much misery has been caused by the medical brilliance, unhappily allied with the administrative incompetence, of various fertility clinics. The cases I have before me are, there is every reason to fear, only the small tip of a much larger problem.” ‘

Full story

UK Human Rights Blog, 11th September 2015

Source: www.ukhumanrightsblog.com

Baby boy trapped in legal limbo after family judge rules father has no legal rights over his son – Daily Telegraph

Posted September 8th, 2015 in children, news, parental responsibility, parental rights, surrogacy by sally

‘Child’s genetic father not recognised as parent under UK law despite full agreement of American surrogate mother.’

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Daily Telegraph, 8th September 2015

Source: www.telegraph.co.uk

How Voluntary is Voluntary Accommodation? – Family Law Week

Posted August 14th, 2015 in children, housing, local government, news, parental responsibility by sally

‘Leah Pitt, pupil barrister, 2 King’s Bench Walk, considers the latest developments in the use of agreements under section 20 of the Children Act 1989.’

Full story

Family Law Week, 13th August 2015

Source: www.familylawweek.co.uk

Injuries to Infant with Bone Disorder: latest deliberations of the High Court – Family Law Week

Posted August 7th, 2015 in children, grandparents, guardianship, news, parental responsibility, personal injuries by sally

‘Zimran Samuel, barrister of 42 Bedford Row, comments on Mr Justice Peter Jackson’s recent judgment concerning an infant with vitamin D deficiency induced rickets who had suffered multiple fractures.’

Full story

Family Law week, 30th July 2015

Source: www.familylawweek.co.uk

Child Abduction and Inchoate Rights – Family Law week

Posted June 19th, 2015 in child abduction, law reports, parental responsibility, treaties by sally

‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’

Full story

Family Law Week, 11th June 2015

Source: www.familylawweek.co.uk

Surrogacy agreement breakdowns–what are the issues? – Halsbury’s Law Exchange

Posted June 5th, 2015 in children, disclosure, news, parental responsibility, parental rights, surrogacy by sally

‘Are new laws needed to cover surrogacy arrangements and modern family set-ups? Mai-Ling Savage, a barrister and specialist in surrogacy, same-sex parenting and fertility law at Fourteen, a specialist family chambers, analyses a recent case which highlights the lack of a clear legal framework to enforce agreements made before the birth of a child.’

Full story

Halsbury’s Law Exchange, 4th June 2015

Source: www.halsburyslawexchange.co.uk

The role of the law, in the matter of Ashya King – OUP Blog

Posted May 26th, 2015 in children, doctors, health, medical treatment, news, parental responsibility, parental rights by sally

‘Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child; researching alternative treatments, securing second opinions, finding a treatment centre offering innovative or experimental treatment, travelling abroad, selling belongings or otherwise raising funds for treatment. The Internet provides access to a host of information about the side effects and risks of conventional treatment, alternative treatments available across the world – if you can pay for them – and stories of their success.’

Full story

OUP Blog, 22nd May 2015

Source: http://blog.oup.com

Bailiffs visit parents who took child out of school – Daily Telegraph

Posted April 13th, 2015 in appeals, bailiffs, education, holidays, local government, news, parental responsibility, school children by sally

‘Parents hit with £1,200 bill after taking teenage son on holiday during school term.’

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Daily Telegraph, 9th April 2015

Source: www.telegraph.co.uk

Single dad adopts surrogate baby born to his mother – Park Square Barristers

Posted March 19th, 2015 in adoption, families, news, parental responsibility, surrogacy by sally

‘The single father in the recent case B v C & Others (Surrogacy: Adoption) [2015] EWFC 17 (Fam) successfully obtained an adoption order which was the only means open to him to secure his legal relationship with his surrogate son. Alison Hunt of Park Square Barristers represented the father in this unique case in the Family Court before Mrs Justice Theis. The judgment opens the way for other single would-be parents to proceed in the same way, but it also highlights the very real pitfalls and uncertainty which await them in this difficult process. It raises questions about whether parental orders should be available to single applicants as they are for couples.’

Full story

Park Square Barristers, 9th March 2015

Source: www.parksquarebarristers.co.uk

The Strange Case of the Salted Snack – BBC Law in Action

Posted February 18th, 2015 in food, health & safety, news, parental responsibility, school exclusions by sally

In this week’s Law in Action we tell the cheesy story of the 6-year-old boy excluded from school because of the salted snack in his lunch box. We ask what the law has to say about this – can a child be excluded because of what his or her parents have done?

Listen

BBC Law in Action, 17th February 2015

Source: www.bbc.co.uk

Family court judges given power to order DNA tests – BBC News

Posted February 17th, 2015 in DNA, family courts, news, parental responsibility, paternity, pilot schemes by sally

‘Family court judges in England will be able to order DNA tests to determine a child’s parentage from September, Justice Minister Simon Hughes has said.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

Presumption Of Parental Involvement Now In Force – Zenith Chambers

Posted November 18th, 2014 in children, legislation, news, parental responsibility by sally

‘After an unexplained delay, section 11 of the Children and Families Act 2014 was brought into force on 22nd October 2011.’

Full story (PDF)

Zenith Chambers, 4th November 2014

Source: www.zenithchambers.co.uk

Post-Adoption Contact: All Change or More of the Same? – Family Law Week

Posted November 12th, 2014 in adoption, contact orders, families, news, parental responsibility, placement orders by sally

‘Lance Dodgson, barrister of Bank House Chambers, considers the changes concerning post-adoption contact made by the Children and Families Act 2014 and asks what effect they will have in practice.’

Full story

Family Law Week, 11th November 2014

Source: www.familylawweek.co.uk

E v B – WLR Daily

Posted October 7th, 2014 in children, conflict of laws, custody, EC law, law reports, parental responsibility by sally

E v B (Case C-436/13) ECLI:EU:C:2014:2246; [2014] WLR (D) 405

‘Jurisdiction in matters of parental responsibility which had been prorogued, under article 12(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ 2003 L338, p 1), in favour of a court of a member state before which proceedings had been brought by mutual agreement by the holders of parental responsibility ceased following a final judgment in those proceedings

WLR Daily, 1st October 2014

Source: www.iclr.co.uk

Case dropped against parents of boy who missed school – BBC News

Posted September 9th, 2014 in fines, local government, news, parental responsibility, prosecutions, school children by sally

‘Legal action has been dropped against parents who took their child out of school without permission, as the family has moved to the US.’

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BBC News, 8th September 2014

Source: www.bbc.co.uk

State should pay for representation and witnesses in private child disputes – UK Human Rights Blog

Posted September 1st, 2014 in children, contact orders, costs, expert witnesses, legal aid, legal representation, news, parental responsibility, sexual offences by sally

‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’

Full story

UK Human Rights Blog, 31st August 2014

Source: www.ukhumanrightsblog.com

Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

Posted August 6th, 2014 in appeals, children, EC law, jurisdiction, news, parental responsibility, regulations, residence orders by sally

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

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Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

Posted July 31st, 2014 in appeals, children, EC law, jurisdiction, law reports, parental responsibility, regulations, residence orders by michael

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

The Hershman Levy Memorial Lecture 2014 – Speech by The Rt Hon Sir Andrew McFarlane

Posted June 27th, 2014 in children, contact orders, parental responsibility, residence orders, speeches by sally

‘Speech by The Rt Hon Sir Andrew McFarlane: The Hershman Levy Memorial Lecture 2014 – Association of Lawyers for Children.’

Full speech

Judiciary of England and Wales, 26th June 2014

Source: www.judiciary.gov.uk

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

Posted June 27th, 2014 in appeals, child abduction, children, disclosure, human rights, jurisdiction, law reports, news, parental responsibility, passports, proportionality by sally

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk