parental rights – Current Awareness

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

Posted June 30th, 2020 in bereavement, birth certificates, human rights, news, parental responsibility, parental rights, surrogacy by sally

‘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.’

UK Human Rights Blog, 26th June 2020

Source: ukhumanrightsblog.com

Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project

Posted June 12th, 2020 in appeals, children, families, health, local government, medical treatment, news, parental rights by sally

‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’

Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

Posted May 28th, 2020 in care orders, children, families, fostering, local government, medical treatment, news, parental rights by sally

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Transgender man loses appeal court battle to be registered as father – The Guardian

Posted May 1st, 2020 in appeals, birth certificates, equality, gender, news, parental rights, transgender persons by sally

‘A transgender man who gave birth has lost his appeal court battle to be registered as a father in a case that wrestled with the legal definition of motherhood and transgender rights.’

The Guardian, 29th April 2020

Source: www.theguardian.com

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

St Philips Chambers, 14th April 2020

Source: st-philips.com

Coronavirus: Custody fight parents told not to exploit lockdown – BBC News

Posted April 22nd, 2020 in children, coronavirus, custody, families, judges, news, parental rights by sally

‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’

BBC News, 21st April 2020

Source: www.bbc.co.uk

Covid-19: contact with children in care – 5SAH

Posted April 17th, 2020 in care homes, care orders, chambers articles, coronavirus, families, family courts, local government, news, parental rights by sally

‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’

5SAH, 6th April 2020

Source: www.5sah.co.uk

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

Posted April 9th, 2020 in appeals, children, health, local government, medical treatment, news, parental rights by sally

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Sharing or Caring? The Delineation of UK Parental Rights – Oxford Human Rights Hub

Posted April 9th, 2020 in appeals, children, employment, equality, families, human rights, maternity leave, news, parental rights, remuneration, Supreme Court by sally

‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’

Oxford Human Rights Hub, 7th April 2020

Source: ohrh.law.ox.ac.uk

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

Posted April 3rd, 2020 in chambers articles, children, coronavirus, emergency powers, families, news, parental rights by sally

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

COVID-19 and school places for critical sector workers: one parent or two? – Education Blog

Posted March 23rd, 2020 in chambers articles, children, coronavirus, health, news, parental rights, school children by sally

‘The new Cabinet Office and DfE Guidance for schools, colleges and local authorities on maintaining educational provision states that school places should be provided where needed for children of critical sector workers. One issue which has arisen immediately is whether this means school places should be open where one parent is a critical sector worker, or only where both parents are such workers. I have heard reports of schools seeking to limit their intake to only those children for whom both parents are critical sector workers. In one case, this puts at jeopardy the running of a large special school which itself is essential to the delivery of a large part of this new policy, namely the continued education of children with EHC plans.’

Education Blog, 20th March 2020

Source: education11kbw.com

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

Posted March 20th, 2020 in chambers articles, children, contact orders, families, family courts, news, parental rights by sally

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, children, families, news, parental rights, surrogacy by sally

‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’

Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Parental Contact – Private v Public Law Proceedings – Parklane Plowden Chambers

Posted February 11th, 2020 in chambers articles, children, contact orders, news, parental rights by sally

‘When considering applications relating to children, the courts are led by Section 1 of the Children’s Act 1989 (CA), in that the welfare of a child is to be the paramount consideration when making decisions about the child’s future. S 1(3) provides clear factors which a court must have regard to. These form the basis upon which decisions relating to children are made.’

Parklane Plowden Chambers, 5th February 2020

Source: www.parklaneplowden.co.uk

Welsh parents lose opt-out for sex, relationship and religious education – The Guardian

Posted January 22nd, 2020 in children, consultations, education, families, news, parental rights, school children, Wales by sally

‘Parents in Wales will soon lose the right to withdraw their children from lessons on sex and relationships or religion, provoking concern among both church groups and secular campaigners.’

The Guardian, 21st January 2020

Source: www.theguardian.com

What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq

Posted January 9th, 2020 in birth, gender, human rights, judicial review, news, parental rights, registrars, transgender persons by sally

‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’

KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk

10 cases that defined 2019 – UK Human Rights Blog

Posted December 20th, 2019 in appeals, asylum, benefits, birth certificates, brexit, Chagos Islands, citizenship, colonies, constitutional law, data protection, detention, EC law, equality, facial mapping, families, gender, housing, human rights, immigration, international law, investigatory powers, jurisdiction, news, parental rights, parliament, police, prerogative powers, privacy, prorogation, rent, Supreme Court, terrorism, transgender persons by tracey

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Education, street protests and injunctions: Afsar – Law & Religion UK

Posted December 2nd, 2019 in demonstrations, education, homosexuality, human rights, injunctions, news, parental rights, school children by tracey

‘Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) was a claim by the Council for injunctions to restrict street protests about Anderton Park Infant and Junior School and to prohibit online abuse of teachers at that school.’

Law & Religion UK, 2nd December 2019

Source: www.lawandreligionuk.com

Gender recognition and parenthood – Family Law

Posted October 7th, 2019 in birth certificates, children, equality, gender, human rights, interpretation, news, parental rights, paternity, transgender persons by tracey

‘Jeremy Ford, a Solicitor-Advocate at Cambridge Family Law Practice, acted pro bono on behalf of the Litigation Friend for the child at the centre of the landmark case of TT v Registrar General of England and Wales and Secretary of State for Health and Social Careheard by the President of the Family Division. The judgment was handed down on 25 September 2019 and has been reported as TT, R (On the Application Of) v The Registrar General for England and Wales[2019] EWHC 2384 (Fam) (25 September 2019).’

Family Law, 7th October 2019

Source: www.familylaw.co.uk

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

Posted October 1st, 2019 in appeals, care orders, children, Court of Protection, detention, families, human rights, Law Commission, local government, news, parental responsibility, parental rights, Supreme Court by sally

‘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.’

Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

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