Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.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

Equal Pay, Parental Rights, Personal Beliefs and Protest Movements – a review of recent developments in the areas of sport and employment law – Littleton Chambers

‘Across the board people have been reassessing how the traditional views of what it means to be an “employee” fit within our modern world.’

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Littleton Chambers, 21st July 2020

Source: littletonchambers.com

Parental Alienation: the enigma of family law – Family Law Week

Posted July 29th, 2020 in children, families, family courts, news, parental rights by tracey

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of “parental alienation”.’

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Family Law Week, 24th July 2020

Source: www.familylawweek.co.uk

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

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

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

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Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

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

‘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.’

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UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

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

‘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.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Vaccination of Children in Care – St Philips Chambers

‘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.’

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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.’

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BBC News, 21st April 2020

Source: www.bbc.co.uk

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

‘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.’

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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

‘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.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

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

‘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).’

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Oxford Human Rights Hub, 7th April 2020

Source: ohrh.law.ox.ac.uk

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

‘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.’

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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

‘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.’

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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

‘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.’

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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.’

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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.’

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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.’

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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

‘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.’

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KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk