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

Father wins custody battle with children’s grandparents to return them to Australia – Daily Telegraph

Posted February 12th, 2015 in children, grandparents, news, residence orders by sally

‘An Aboriginal father has defeated his children’s grandparents in his legal fight to return the infants to his native Australia after their mother died in the UK.’

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Daily Telegraph, 11th February 2015

Source: www.telegraph.co.uk

Council wins appeal in lead case on bedroom tax and shared residence of child – Local Government Lawyer

Posted February 10th, 2015 in appeals, housing, local government, news, residence orders, taxation, tribunals by sally

‘The Upper Tribunal has upheld a local authority’s appeal in the lead case on the application of the “bedroom tax” to the shared residence of a child.’

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Local Government Lawyer, 10th February 2015

Source: www.localgovernmentlawyer.co.uk

Children: Private Law Update (January 2015) – Family Law Week

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

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Family Law Week, 28th January 2015

Source: www.familylawweek.co.uk

Removal of subsidy for spare room not unlawful – UK Human Rights Blog

Posted October 31st, 2014 in benefits, children, housing, human rights, judicial review, news, residence orders by sally

‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case? – Family Law Week

Posted August 12th, 2014 in appeals, children, mental health, news, residence orders, Supreme Court by sally

‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’

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Family Law Week, 12th August 2014

Source: www.familylawweek.co.uk

Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

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Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk