Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’

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Hardwicke Chambers, 8th April 2016

Source: www.hardwicke.co.uk

Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

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Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

Paedophile awarded legal aid in fight to see son, eight – Daily Telegraph

‘Convicted sex criminal, named only as ‘Q’, was given taxpayer funding on human rights grounds to fight lack of contact with son.’

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Daily Telegraph, 1st February 2016

Source: www.telegraph.co.uk

Estranged lesbian couple’s fight over child goes to supreme court – The Guardian

‘The question of whether a seven-year-old girl, caught up in an international dispute between her estranged lesbian mothers, should be subject to British justice is to be decided by the supreme court.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

Does Article 8 survive adoption? – UK Human Rights Blog

Posted October 6th, 2015 in adoption, human rights, news, parental rights by sally

‘There has been further consideration of potential post-adoption Article 8 rights for natural parents in a judgment by Peter Jackson J in the case of Seddon v Oldham MBC. There are no surprises in the conclusions he reaches.’

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UK Human Rights Blog, 6th October 2015

Source: www.ukhumanrightsblog.com

In re Z (A Child) (Foreign Surrogacy: Parental Order) – WLR Daily

In re Z (A Child) (Foreign Surrogacy: Parental Order): [2015] EWFC 73; [2015] WLR (D) 375

‘Since section 54(1) of the Human Fertilisation and Embryology Act 2008 provided that in certain circumstances the court might make a parental order on the application of “two people”, it was not open to the court to make such an order on the application of one person only; nor could section 54(1) be “read down” in accordance with section 3(1) of the Human Rights Act 1998 to enable that to be done.’

WLR Daily, 7th September 2015

Source: www.iclr.co.uk

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

Finance & Divorce Update July 2015 – Family Law Week

Posted July 21st, 2015 in divorce, financial provision, news, parental rights by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from June 2015.’

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Family Law Week, 19th July 2015

Source: www.familylawweek.co.uk

UK parents to get power to cancel children’s passports over Isis fears – The Guardian

‘Parents worried that their children may be about to travel to Syria or Iraq to join Islamic State (Isis) will be able to apply for their child’s passport to be cancelled, David Cameron has announced in a speech setting out his five-year counter-extremism strategy.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

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

‘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.’

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Halsbury’s Law Exchange, 4th June 2015

Source: www.halsburyslawexchange.co.uk

Men are treated fairly when trying to get access to their children in courts, study says – The Independent

Posted June 2nd, 2015 in family courts, news, parental rights, residence orders by sally

‘Men are not unfairly represented in family courts and are just as likely to have contact applications approved as women, an academic study of nearly 200 child custody cases from 2011 has concluded.’

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The Independent, 2nd June 2015

Source: www.independent.co.uk

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

‘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.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

The Court of Appeal and the Birth Family: Making Certain Justice is Seen to be Done – Family Law Week

Posted May 7th, 2015 in adoption, appeals, guardianship, news, parental rights, residence orders by sally

‘David Bedingfield, barrister of 4 Paper Buildings, considers two recent Court of Appeal judgments which had cause to consider the significance of a child’s family ties.’

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Family Law Week, 6th May 2015

Source: www.familylawweek.co.uk

The Law and Parenthood – BBC Unreliable Evidence

Posted May 7th, 2015 in children, news, parental rights by sally

‘In the first of a news series, Clive Anderson and a panel of senior lawyers, judges and other experts discuss how the law balances the sometimes conflicting interests of parents and their children.’


BBC Unreliable Evidence, 6th May 2015

Source: www.bbc.co.uk

Shared parental leave rules come into force in UK amid small business fear – The Guardian

Posted April 7th, 2015 in adoption, employment, maternity leave, news, parental rights, paternity leave by sally

‘New rules heralding Scandinavian-style shared parental leave of up to 50 weeks come into force this weekend as concerns continue that many employers are not ready for the “complicated and challenging” changes.’

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The Guardian, 3rd April 2015

Source: www.guardian.co.uk

Father who insisted he had a right to smack his children has son and daughter taken into care – Daily Telegraph

‘The father, from Rotherham, was completely open with social workers about his conviction that children benefit from corporal punishment.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

Non-genetic parentage under the HFEA 2008 – Tanfield Chambers

Posted March 20th, 2015 in assisted reproduction, embryology, news, parental rights by sally

‘Where a child is conceived with donor sperm, parentage is normally determined under the Human Fertilisation and Embryology Act 2008. S.33 provides that the woman who bears the child will be the mother, regardless of whether the egg was hers or came from a donor. If she is married or in a civil partnership, her spouse or civil partner will be the other parent, unless it is shown that the spouse or civil partner did not consent to the treatment – s.35 and s.42. Otherwise, ss.36 and 37 provide that a man (who will normally be the mother’s partner) will be the child’s father if:

(i) the treatment is provided by a clinic in the UK under a licence from the HFE Authority; and

(ii) both parties give written notice to the clinic consenting to such parentage.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

Victim told to write to vicious attacker or face jail herself – Daily Telegraph

‘A mother who was tortured for seven hours and had her throat slashed in front of her twin sons has been forced to write to her attacker, and could face jail herself if she refuses.’

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Daily Telegraph, 15th February 2015

Source: www.telegraph.co.uk

Judge rules Jehovah’s Witness boy can receive blood transfusion – The Guardian

Posted December 8th, 2014 in children, consent, medical treatment, news, parental rights by sally

‘A high court judge has ruled that the son of two devout Jehovah’s Witnesses can be given a blood transfusion despite religious objections from his parents.’

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The Guardian, 8th December 2014

Source: www.guardian.co.uk

High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk