Court orders change in living arrangements for a child following parental alienation – Family Law

Posted January 9th, 2020 in children, news, parental responsibility, residence orders by tracey

‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’

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Family Law, 8th January 2020

Source: www.familylaw.co.uk

Transfer of residence should not be seen as a “last resort” even in the absence of a finding of “parental alienation” or “intractable hostility” – Becket Chambers

Posted November 19th, 2019 in children, news, parental responsibility, residence orders by sally

‘In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents.

Two cases decided in 2019 consider further the question of transfer of residence in cases where a child is found to be suffering harm as a result of one parent’s fixed view of the other.’

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Becket Chambers, 5th November 2019

Source: becket-chambers.co.uk

Change of residence – do we listen to children? – Transparency Project

Posted September 2nd, 2019 in children, contact orders, news, residence orders by sally

‘”Change of residence” in the context of a child arrangements order (a reform that was supposed to get rid of the ‘win-lose’ concept of residence and contact before 2014) is quite a cold, technical term to describe a child having to move from one household to another.’

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Transparency Project, 30th August 2019

Source: www.transparencyproject.org.uk

Is it enough for the Court to make an order when a child does not want to see his mum or dad? – Family Law

Posted January 15th, 2019 in children, families, news, residence orders by tracey

‘When we explain the potential stages of private children proceedings to concerned parents, some roll their eyes, sigh, cry and ultimately get frustrated at not only the length of the process and the costs, but also the fact that because the child says he does not want to see one parent, the proceedings don’t come to an automatic halt, according to Rebecca Ranson, solicitor at Maquire Family Law.’

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Family Law, 15th January 2019

Source: www.familylaw.co.uk

The variation or revocation of a settlement order under the Children Act 1989 – Family Law

‘In Re C (A Child) (Schedule 1 Children Act Variation) [2018] Lexis Citation 63, [2018] All ER (D) 32 (Aug) the Family Court examined the power of a court to vary or revoke an order for the settlement of property that had already been made. Charlotte Sanders, associate at Stewarts, discusses the outcome of the case.’

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Family Law, 29th August 2018

Source: www.familylaw.co.uk

Children Private law update Summer 2018 – Family Law Week

Posted August 2nd, 2018 in children, habeas corpus, news, parental responsibility, residence orders by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 26th July 2018

Source: www.familylawweek.co.uk

Crackdown on divorcing parents who ‘alienate’ children from former partners – Family Law

Posted July 31st, 2018 in children, families, news, residence orders by sally

‘Parents could have access to their children restricted if they try to turn them against their child’s other parent, under a trial process about to be rolled out by Cafcass, the Children and Family Court Advisory and Support Service.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

A Short Note on Habitual Residence: AB v CD [2018] EWHC 1021 (Fam) – Family Law Week

‘Alex Laing of Coram Chambers notes Mr Justice Keehan’s judgment in a ‘helpful template case’ for the determination of disputed habitual residence.’

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Family Law Week, 22nd May 2018

Source: www.familylawweek.co.uk

The importance of considering all the options in relocation cases – Family Law

Posted February 28th, 2018 in appeals, children, news, residence orders by sally

‘Family analysis: Catherine Wood QC, of 4 Paper Buildings, reviews the decision in Re M (International Relocation: Welfare Analysis) [2017] EWCA Civ 2356 in which the Court of Appeal held that the judge had failed to carry out the sophisticated and complex analysis required in a relocation case.’

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Family Law, 27th February 2018

Source: www.familylaw.co.uk

Anaum Riaz discusses: Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ); The law doesn’t take a special approach to surrogacy cases – Park Square Barristers

Posted December 8th, 2017 in contact orders, news, parental responsibility, residence orders, surrogacy by sally

‘The Court of Appeal decision in Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ) this week has confirmed that the ordinarily principles of children’s law, and the fundamental question of: What is in the best interests of the child? apply in relation to surrogacy in the ordinary way. There are no special rules or considerations which apply in the case of surrogacy disputes.’

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Park Square Barristers, 24th November 2017

Source: www.parksquarebarristers.co.uk

Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by tracey

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

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Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Ben Butler guilty of murdering daughter Ellie – BBC News

‘A man has been found guilty of murdering his six-year-old daughter just 11 months after she was returned to his care following a custody battle’

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BBC News, 21st June 2016

Source: www.bbc.co.uk

Court battle over six-year-old boy missing in Afghanistan – Daily Telegraph

Posted May 31st, 2016 in Afghanistan, children, immigration, news, residence orders by tracey

‘A six-year-old boy who was born in Afghanistan and is never thought to have set foot in Britain is at the centre of a taxpayer-funded family court dispute between his separated Afghan parents.’

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Daily Telegraph, 31st May 2016

Source: www.telegraph.co.uk

Legal aid cuts add to strain on divorcees – The Guardian

‘Nine out of 10 people who have gone through the family courts, under new rules that heavily restrict access to legal aid, suffer strain in their mental and physical health, working lives and finances, according to a report by Citizens Advice due out this week.’

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The Guardian, 26th March 2016

Source: www.guardian.co.uk

In the matter of B (A child) – Supreme Court

Posted February 18th, 2016 in appeals, jurisdiction, law reports, residence orders, Supreme Court, wardship by sally

In the matter of B (A child) [2016] UKSC 4 (YouTube)

Supreme Court, 3rd February 2016

Source: www.youtube.com/user/UKSupremeCourt

Autism and Child Arrangement Disputes – Family Law Week

Posted October 1st, 2015 in autism, children, divorce, news, residence orders by sally

‘Louise Desrosiers, Barrister, of Lamb Building describes the issues which need to be considered in child arrangement disputes involving children who are on the autism spectrum.’

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Family Law Week, 29th September 2015

Source: www.familylawweek.co.uk

Judge sends six-year-old boy to live with mother’s killer’s family – Daily Telegraph

Posted June 16th, 2015 in custody, grandparents, news, residence orders by sally

‘Sending boy whose father murdered his mother to live with maternal grandparents in China could add to his trauma despite their ‘primal link’, Family Court rules.’

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Daily Telegraph, 15th June 2015

Source: www.telegraph.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

A home without a household – Nearly Legal

Posted May 20th, 2015 in benefits, children, housing, news, residence orders by sally

‘In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of ‘shared care’ families for bedroom tax purposes. In short, the child’s only ‘home’ was with the person receiving child benefit. It may yet turn out to be significant that that decision was not the result of an argued hearing, only the DWP turning up.’

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Nearly Legal, 19th May 2015

Source: www.nearlylegal.co.uk

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