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.”

Full story

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.”

Full story

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.”

Full story

Panopticon, 13th December 2012


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.”

Full story

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”

Full story (PDF)

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.”

Full story

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.'”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

Family Law Week, 21st October 2012

Source: www.familylawweek.com

In re G (Children: Religious upbringing) – WLR Daily

Posted October 11th, 2012 in appeals, education, Judaism, law reports, parental rights by sally

In re G (Children: Religious upbringing) [2012] EWCA Civ 1233; [2012] WLR (D) 265

“In a case in which a marriage had irretrievably broken down, and the parents were unable to agree as to the precise religious nature of their children’s future education, care was required in looking to the welfare of the children and weighing up the relevant factors.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

In the name of God: ultra-orthodox Jewish education not in children’s best interest, rules Court of Appeal – UK Human Rights Blog

Posted October 11th, 2012 in appeals, education, Judaism, news, parental rights by sally

“What is happiness? If you thought this most philosophical inquiry was beyond the remit of the judicial system then you should read this case.”

Full story

UK Human Rights Blog, 11th October 2012

Source: www.ukhumanrightsblog.com

Father has no ‘sacred right’ over education of children, rules judge – Daily Telegraph

Posted October 5th, 2012 in children, education, Judaism, news, parental rights by tracey

“The days are gone when fathers held exclusive power over their children’s education, a judge ruled yesterday in rejecting the objections of an ultra-orthodox Jewish father to his ex-wife’s choice of schools for their children.”

Full story

Daily Telegraph, 5th October 2012

Source: www.telegraph.co.uk

Sex abuse allegations against parent should be disclosed in contact proceedings – UK Human Rights Blog

“The Court of Appeal has ordered the the disclosure of serious allegations made against a parent by an anonymous third party in contact proceedings. In doing so, it has demonstrated the correct approach to balancing the many different human rights considerations involved.”

Full story

UK Human Rights Blog, 28th September 2012

Source: www.ukhumanrightsblog.com

Legislative presumption of shared parenting ‘flawed’ – Law Society’s Gazette

Posted September 6th, 2012 in children, legislation, news, parental responsibility, parental rights by sally

“Government plans to introduce a legislative presumption of shared parenting could undermine child welfare and increase the volume of litigation, according to the Law Society.”

Full story

Law Society’s Gazette, 6th September 2012

Source: www.lawgazette.co.uk

In re L (A Child) (Recognition of Foreign Order) – WLR Daily

In re  L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157;   [2012] WLR (D)  252

“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”

WLR Daily, 21st August 2012

Source: www.iclr.co.uk

Judge rules boy’s life support can be switched off despite parents’ hope of miracle – Daily Telegraph

“A judge has ordered that doctors can switch off a young boy’s life-support system even though his devout Christian parents pleaded for him to be kept alive in case of a miracle.”

Full story

Daily Telegraph, 13th August 2012

Source: www.telegraph.co.uk