Another blow for Theresa May: treating 17-year-olds in custody as adults ‘incompatible’ with human rights law – The Independent

Posted April 25th, 2013 in children, human rights, news, parental rights, young offenders by sally

“A teenager has won a High Court victory over the Home Secretary Theresa May’s policy of treating 17-year-olds taken into custody as adults – depriving them of protections offered to those aged 16 and under.”

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The Independent, 25th April 2013

Source: www.independent.co.uk

Police back change in law to treat 17-year-olds in custody as juveniles – The Guardian

Posted April 25th, 2013 in news, parental rights, police, young offenders, young persons by sally

“Senior police officers are backing a change to the law so that 17-year-olds are treated as juveniles in custody and their parents are informed if they are arrested.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

Local authorities and the duty to consult with parents – UK Human Rights Blog

“This was a successful claim for judicial review brought by a mother in care proceedings in respect of her two children who were removed from the care of the paternal grandparents. To that extent, it is a first. It concerns the duty on the Local Authority to consult with parents when an Interim Care Order is in place.”

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UK Human Rights Blog, 16th April 2013

Source: www.ukhumanrightsblog.com

Children and same sex families: known biological fathers and contact: the decision in S v D and E / T v X and Y [2013] EWHC – Zenith Chambers

“Where do parents and prospective parents stand after the very recent decision in the case of S v D and E? What can parenting lesbian mothers and the men who donate sperm to enable them to have children expect if there is a disagreement between them as to the role of biological fathers in their children’s lives?”

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Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk

Swimming in the Pool: relevant factors to satisfy the threshold criteria after the Supreme Court’s judgment in J (Children) – Family Law Week

“Ben Boucher-Giles of Fountain Chambers considers the Supreme Court’s judgment in J (Children) and considers how it fits into the wider picture of findings as they relate to threshold.”

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Family Law Week, 25th February 2013

Source: www.familylawweek.com

Children: Private Law Update – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”

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Family Law Week, 13th February 2013

Source: www.familylawweek.com

Sperm donors who know parents can apply to see children, court rules – The Guardian

Posted January 31st, 2013 in assisted reproduction, children, contact orders, news, parental rights by sally

“Sperm donors who know the parents to whom they have donated can apply for contact with their biological children, a court has ruled. Previously this was not allowed. The ruling has major implications for anyone who has a child conceived using the sperm of someone they know and for those considering starting a family this way.”

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The Guardian, 31st January 2013

Source: www.guardian.co.uk

Abortion and the cognitively impaired mother – Halsbury’s Law Exchange

Posted January 21st, 2013 in abortion, jurisdiction, learning difficulties, news, parental rights by sally

“It will be interesting to watch the reception of a recent Court of Protection case, as yet unreported, in which a woman with profound learning difficulties was found to have capacity to decide not to terminate her pregnancy.”

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Halsbury’s Law Exchange, 21st January 2013

Source: www.halsburyslawexchange.co.uk

Child radiotherapy case: “one cannot enjoy even diminished quality of life if one is not alive” – UK Human Rights Blog

Posted January 21st, 2013 in cancer, children, complementary medicine, medical treatment, news, parental rights by sally

“The highly publicised case about a seven year old boy whose estranged parents could not agree about the necessary treatment following surgery for his brain tumour was resolved by a firm ruling in favour of orthodox medicine by Bodey J, four days before Christmas.”

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UK Human Rights Blog, 19th January 2013

Source: www.ukhumanrightsblog.com

Education and Human Rights – 11 KBW

Posted December 19th, 2012 in education, human rights, news, parental rights, special educational needs by sally

“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

In re A (A Child) (Family Proceedings: Disclosure of Information) – WLR Daily

In re A (A Child) (Family Proceedings: Disclosure of Information): [2012] UKSC 60; [2012] WLR (D) 378

“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

Supreme Court: Articles 3, 6 and 8 ECHR in child protection PII case – Panopticon

“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”

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Panopticon, 13th December 2012

www.panopticonblog.com

Judge delays ruling on brain tumour boy – The Independent

Posted December 10th, 2012 in cancer, child abduction, children, medical treatment, news, parental rights by sally

“New developments in Neon’s case lead judge to schedule return to court for later in the month.”

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The Independent, 9th December 2012

Source: www.independent.co.uk

New rights for surrogate parents as part of innovative overhaul of flexible parental leave framework – Cloisters

Posted November 20th, 2012 in flexible working, news, parental rights, surrogacy by sally

“Parental leave is to be shared more equally in the future. From 2015 the UK will have a new system of flexible parental leave in place”

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Cloisters, November 2012

Source: www.cloisters.com

Government acts to remove “gender bias” on parental leave and flexible working – OUT-LAW.com

“A new system of shared flexible parental leave will allow parents to choose how they share childcare responsibilities in the first year after a child’s birth, the Government has announced.”

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OUT-LAW.com, 13th November 2012

Source: www.out-law.com

Iida v Stadt Ulm – WLR Daily

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315

“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Shared parenting provision to be inserted into Children Act section 1 – Family Law Week

Posted November 6th, 2012 in legislation, news, parental rights by sally

“The Department for Education has announced that it proposes to introduce amendments to the Children Act 1989 in order to provide for a presumption of shared parenting. A new section 1 (2A) will be inserted into the Act as follows:

‘(2A) A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.'”

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Family Law Week, 6th November 2012

Source: www.familylawweek.com

Cooperative parenting following family separation – Government’s response – Family Law Bar Association

Posted November 6th, 2012 in consultations, divorce, news, parental rights by sally

“Cooperative parenting following family separation: proposed legislation on the involvement of parents in a child’s life.”

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Family Law Bar Association, 5th November 2012

Source: www.flba.co.uk

Family courts ‘ignoring needs of domestic violence victims’ – The Guardian

Posted November 6th, 2012 in domestic violence, family courts, news, parental rights, reports, victims by sally

“Government plans to enshrine the right of both divorced fathers and mothers to see their children risk putting victims of domestic violence and their children in danger, according to a report.”

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The Guardian, 5th November 2012

Source: www.guardian.co.uk

In the Name of God: deciding a child’s education and Re G (Children) – Family Law Week

Posted October 22nd, 2012 in children, education, Judaism, news, parental rights by sally

“Karwan Eskerie, barrister, of 1 Crown Office Row considers Munby J’s judgment in Re G (Children) where the court had to decide between the ultra orthodox Jewish parents’ conflicting wishes for their child’s education.”

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Family Law Week, 21st October 2012

Source: www.familylawweek.com