High Court judge orders life-saving bone marrow transplant to go ahead for three-year-old boy against father’s will – The Independent

Posted December 5th, 2013 in children, medical treatment, news, parental rights by sally

‘A three-year-old boy whose father tried to prevent him receiving life-saving hospital treatment will have a bone marrow transplant on Thursday following an emergency ruling by a High Court judge.

Full story

The Independent, 4th December 2013

Source: www.independent.co.uk

New fathers win right to share a year of parental leave – The Guardian

Posted November 29th, 2013 in employment, news, parental rights by sally

“Men are too often mocked in the work place for wanting to go part time or leaving early to pick up their children, the Liberal Democrat equalities minister has said, as she announced detailed plans for new mums and dads to share a year of parental leave after the birth of a child.”

Full story

The Guardian, 29th November 2013

Source: www.guardian.co.uk

In re W (A Child); In re H (Children) – WLR Daily

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Court orders MMR vaccine for children – UK Human Rights Blog

“The High Court has ruled that two sisters must receive the MMR vaccine against their wishes and the wishes of their mother. This was an application by the father for a declaration and a specific issue order concerning his daughters both receive the MMR vaccination. This was opposed by their mother.”

Full story

UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

Judicial Window Dressing and Balance Sheets – Where is adoption post-Re B-S? – Family Law Week

Posted October 14th, 2013 in adoption, appeals, news, parental rights, social services by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the effect on adoption of the Court of Appeal’s landmark judgment in Re B-S.”

Full story

Family Law Week, 11th October 2013

Source: www.familylawweek.co.uk

When adoption without parental consent breaches human rights – UK Human Rights Blog

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

Full story

UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

Time to Call a Halt – New Court of Appeal Guidance in Adoption Cases: Re B-S [2013] EWCA Civ 813 – Family Law Week

Posted September 27th, 2013 in adoption, appeals, family courts, news, parental rights by tracey

“Alex Verdan QC of 4 Paper Buildings and Nicola Harries of Baxter Harries Solicitors draw lessons from new guidance in adoption cases, set out by the Court of Appeal in Re B-S in which they acted for the respondent.”

Full story

Family Law week, 26th September 2013

Source: www.familylawweek.co.uk

Denial of contact with father too “draconian” – Court of Appeal – UK Human Rights Blog

“The Court of Appeal has taken the unusual step of reversing a denial of contact order, by reviewing the question of the proportionality of the order in relation to the children’s right to family life under Article 8.”

Full story

UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) – WLR Daily

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Case C-5/12); [2013] WLR (D) 354

“Council Directives 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

What Are Care Proceedings For? – Lady Hale

Posted September 19th, 2013 in care orders, children, families, judges, news, parental rights, proportionality, speeches by sally

What Are Care Proceedings For? (PDF)

Zenith Chambers Munkman Lecture, 16th September 2013

Source: www.zenithchambers.co.uk

Vegetarian mother stopped father seeing son in case he fed him meat – Daily Telegraph

Posted September 12th, 2013 in appeals, children, contact orders, news, parental rights, vegetarianism by tracey

“A vegetarian mother who stopped her five year-old son from seeing his father because she feared he might feed him meat must let him see the child or lose custody, a judge ruled.”

Full story

Daily Telegraph, 11th September 2013

Source: www.telegraph.co.uk

CPD guidance for barristers taking parental leave – Bar Standards Board

Posted September 11th, 2013 in barristers, codes of practice, maternity leave, parental rights, press releases by tracey

“The Bar Standards Board has produced a new Continuing Professional Development (CPD) guide to assist barristers who are taking, or are planning to take, a period of parental leave.”

Full press release

Bar Standards Board, 6th September 2013

Source: www.barstandardsboard.org.uk

New rules for police custody of teenagers – BBC News

Posted August 23rd, 2013 in codes of practice, detention, news, parental rights, police, young persons by sally

“Extra protection for 17-year-olds in police custody will be put in place by the end of October, the Home Office has said.”

Full story

BBC News, 22nd August 2013

Source: www.bbc.co.uk

Father’s rights severely curtailed; James Hargen comments on PM v MB – Sovereign Chambers

Posted August 6th, 2013 in appeals, contact orders, news, parental responsibility, parental rights by sally

“On 31st July the Court of Appeal delivered a reserved judgement in the case of PM –v- MB & anr [2013] EWCA Civ 969, in which the Father of the child concerned sought to appeal a County Court decision refusing him parental responsibility, allowing indirect email contact only, and, section 91(14) CA ’89, prohibiting any further application by him without leave for a period of two years.”

Full story

Sovereign Chambers, 5th August 2013

Source: www.sovereignchambers.co.uk

Riežniece v Zemkopības ministrija and another – WLR Daily

Posted June 25th, 2013 in EC law, employment, law reports, parental rights, sex discrimination, women by sally

Riežniece v Zemkopības ministrija and another (Case C-7/12); [2013] WLR (D) 247

“In circumstances where a much higher number of women than men took parental leave, Council Directive 76/207/EEC of 9 February 1976 (as amended) and the Framework Agreement on Parental Leave, contained in the Annex to Council Direction 96/34/EC precluded a situation where (1) as part of an assessment of workers in the context of abolishment of officials’ posts due to national economic difficulties, a worker who had taken parental leave was assessed in his or her absence on the basis of assessment principles and criteria which placed the worker who had taken leave in a less favourable position compared to workers who did not take parental leave; and (2) a female worker who had been transferred to another post at the end of her parental leave following that assessment was dismissed due to the abolishment of that new post, where it was not impossible for the employer to allow her to return to her former post or where the work assigned to her was not equivalent or similar and consistent with her employment contract or employment relationship because, at the time of the transfer, the employer was informed that the new post was due to be abolished.”

WLR Daily, 20th June 2013

Source: www.iclr.co.uk

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Parental choice of mainstream education – Education Law Blog

“In Harrow Council v AM [2013] UKUT 0157 (AAC), the Upper Tribunal considered a local authority’s obligations where a parent chose mainstream education for a child with complex special educational needs. The decision also discusses two important procedural issues, namely when a First-tier Tribunal can rely on its own knowledge without seeking views from the parties and its powers on review.”

Full story

Education Law Blog, 6th May 2013

Source: www.education11kbw.com

In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 30th, 2013 in adoption, appeals, law reports, parental rights by sally

In re C (A Child) (Adoption: Placement order) [2013] EWCA Civ 431; [2013] WLR (D) 151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 29th, 2013 in adoption, appeals, children, law reports, news, parental rights, placement orders by tracey

In re C (A Child) (Adoption: Placement order): [2013] EWCA Civ 431;   [2013] WLR (D)  151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Father loses custody fight for child he never knew he had – Daily Telegraph

Posted April 26th, 2013 in adoption, appeals, custody, news, parental rights by tracey

“A ‘cruelly deceived’ father whose son was put up for adoption without him even
knowing of his existence has had his hopes of gaining custody dashed following a
court ruling.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk