Care proceedings and recusal – Local Government Lawyer
‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’
Local Government Lawyer, 17th December 2024
Source: www.localgovernmentlawyer.co.uk
Category: adoption
KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court
‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’
Five Pump Court, 14th November 2024
Source: www.5pumpcourt.com
Wholesale reform to adoption process is needed, says Public Law Working Group – Courts & Tribunal Judiciary
‘Wholesale reform is needed, the adoption sub-group of the Public Law Working Group has said in its report ‘Recommendations for best practice in respect of adoption’, which is published today (Thursday, 7 November).’
Courts & Tribunal Judiciary, 7th November 224
Source: www.judiciary.uk
From two letters a year to face-to-face meetings: ‘Seismic’ changes to adoption contact – BBC News
‘Adopted children are likely to be allowed much closer contact with their birth families in the future as part of “seismic” changes recommended in a report published today. Some families say the changes are long overdue – but others worry they may deter people from adopting.’
BBC News, 7th November 2024
Source: www.bbc.co.uk
Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer
‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’
Local Government Lawyer, 31st October 2024
Source: www.localgovernmentlawyer.co.uk
CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer
‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’
Local Government Lawyer, 2nd August 2024
Source: www.localgovernmentlawyer.co.uk
Two unsuccessful bites at the legal parenthood cherry – really in the child’s best interests? – Journal of Social Welfare and Family Law
‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’
Journal of Social Welfare and Family Law, 23rd July 2024
Source: www.tandfonline.com
One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer
‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’
Local Government Lawyer, 13th June 2024
Source: www.localgovernmentlawyer.co.uk
Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’
Local Government Lawyer, 23rd May 2024
Source: www.localgovernmentlawyer.co.uk
Speech by the President of the Family Division: Adapting Adoption to the Modern World, Part Two – Courts and Tribunals Judiciary
‘Adapting Adoption to the Modern World: Part Two, Friday 17 May 2024 President of the Family Division The Right Honourable Sir Andrew McFarlane.’
Courts and Tribunals Judiciary, 17th May 2024
Source: www.judiciary.uk
Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer
‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’
Local Government Lawyer, 2nd April 2024
Source: www.localgovernmentlawyer.co.uk
Adoption applicant wins appeal after judge refused to allow them to attend hearing – Local Government Lawyer
‘The Court of Appeal has allowed an appeal against a judge’s decision to refuse permission for prospective adopters to attend a final adoption hearing either in person or remotely, and to refuse their request for a transcript of the hearing.’
Local Government Lawyer, 25th March 2024
Source: www.localgovernmentlawyer.co.uk
High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer
‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’
Local Government Lawyer, 14th March 2024
Source: www.localgovernmentlawyer.co.uk
Case Update: Surrogacy and Step-Parent Adoption applications – Spire Barristers
‘This case concerned two applications made by X and Y in relation to the child, Z, aged 3. Firstly, to vary or discharge a child arrangements order (made in August 2021) and secondly, for a step-parent adoption in favour of X. Both applications were opposed by Z’s mother, G, but supported by the Local Authority and Z’s Children’s Guardian. Taryn Lee KC of Spire Barristers acted for the 3rd Respondent, the Guardian.’
Spire Barristers, 13th February 2024
Source: www.spirebarristers.co.uk
Judge criticises regular misunderstanding of Lady Hale’s “nothing else will do” adoption comment – Local Government Lawyer
‘It appears there is a regular misunderstanding or misapplication of the words of Lady Hale in the Supreme Court case of Re B that in relation to the test for adoption, “nothing else will do”, a Family Court judge has warned.’
Local Government Lawyer, 14th February 2024
Source: www.localgovernmentlawyer.co.uk
Paternity leave is becoming more flexible – Local Government Lawyer
‘David Leach sets out the key points for employers from new regulations affecting paternity leave.’
Local Government Lawyer, 2nd February 2024
Source: www.localgovernmentlawyer.co.uk
Family President signals need for “radical departure” from current model of how courts consider contact with birth family after adoption – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has outlined a “pressing need” for courts and those who advise them to modernise the approach that is taken to supporting young, adopted persons by “enhancing the degree to which they may maintain some form of relationship with their birth family after adoption”.’
Local Government Lawyer, 22nd November 2023
Source: www.localgovernmentlawyer.co.uk
Woman found guilty of murdering toddler she was adopting decade ago – The Independent
‘A woman has been found guilty of murdering a one-year-old child she was in the process of adopting.’
The Independent, 9th November 2023
Source: www.independent.co.uk
High Court finds father in contempt of court over covert recording of adoption proceedings relating to his child – Local Government Lawyer
‘The High Court has found that a father made a covert audio-recording of a substantive court hearing in adoption proceedings, and within a few days, disposed of the recording and associated documents to another “with a view to their publication on YouTube”.’
Local Government Lawyer, October 2023
Source: www.localgovernmentlawyer.co.uk
Court accidentally gave adoption family details to birth father – Law Society’s Gazette
‘The Ministry of Justice has been ordered to improve its systems after details of parties in an adoption process were leaked to the birth father. The data breach happened despite the court judge directing that the father be excluded from proceedings as he posed a risk to the family concerned.’
Law Society's Gazette, 11th September 2023
Source: www.lawgazette.co.uk
