Children: Public Law Update (February 2016) – Family Law Week
‘John Tughan QC of 4 Paper Buildings analyses recent significant judgments in public children law.’
Family Law Week, 22nd February 2016
Source: www.familylawweek.co.uk
Category: adoption
Smoothing the adoption process – BBC News
‘Finding a permanent loving home for a baby approved for adoption can take take several months. In 2012, the government said it would change the law to allow potential adopters to foster a baby while the courts were deciding on its future. So what has the Foster to Adopt experience been like for those taking this route?’
BBC News, 19th February 2016
Source: www.bbc.co.uk
Who Guards the Guardians? – Family Law Week
‘The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.’
Family Law Week, 31st January 2016
Source: www.familylawweek.co.uk
Government to change adoption law to address fall in court orders – Local Government Lawyer
‘The Government is to change the law to make prioritising lifelong stability for vulnerable children with a loving family a legal requirement, the Department for Education has said.’
Local Government Lawyer, 18th January 2016
Source: www.localgovernmentlawyer.co.uk
More children to be removed from biological parents and placed for adoption under ‘urgent’ new rules – The Independent
‘More children will be removed from their biological parents and placed for adoption, under “urgent” new rules to be announced by ministers.’
The Independent, 14th January 2016
Source: www.independent.co.uk
Family judge criticised for not naming council that breached father’s rights – The Guardian
‘A family court judge has come under fire after refusing to name a council that violated a man’s parental rights by taking his four-year-old daughter into care without a proper investigation.’
The Guardian, 10th January 2016
Source: www.guardian.co.uk
Adoptions from Abroad: Article 8 Fails to Assist – UK Human Rights Blog
‘A child (SM) who was adopted in Algeria by a French couple living in the UK was refused an application for a right of entry as a family member. Having been overturned in the Upper Tribunal, the Entry Clearance Officer (ECO) successfully appealed to the Court of Appeal. SM was not, the court held, a family member of Mr M. A keen human rights observer might think this was an apparent infringement of article 8 ECHR (the right to family life).’
UK Human Rights Blog, 12th November 2015
Source: www.ukhumanrightsblog.com
Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week
‘Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.’
Family Law Week, 10th November 2015
Source: www.familylawweek.co.uk
Does Article 8 survive adoption? – UK Human Rights Blog
‘There has been further consideration of potential post-adoption Article 8 rights for natural parents in a judgment by Peter Jackson J in the case of Seddon v Oldham MBC. There are no surprises in the conclusions he reaches.’
UK Human Rights Blog, 6th October 2015
Source: www.ukhumanrightsblog.com
Theresa May warned adoption law could affect border controls – Daily Telegraph
‘Court of Appeal says immigration cases could have to bow to adoption laws which must take life-long benefits into account.’
Daily Telegraph, 5th October 2015
Source: www.telegraph.co.uk
Seddon v Oldham Metropolitan Borough Council – WLR Daily
Seddon v Oldham Metropolitan Borough Council; [2015] EWHC 2609 (Fam); [2015] WLR (D) 388
‘The making of an adoption order always brought to an end pre-existing rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as between a birth parent and an adopted child, since those rights arose from, and co-existed with, the parent-child relationship which was extinguished by adoption. Furthermore, section 51A of the 2002 Act, as inserted, did not create or maintain an article 8 right as between a birth parent and an adopted child, nor was section 51A(4) incompatible with the Convention. However, a public body running a post-adoption letterbox service was obliged under article 8 to respect correspondence between a birth parent and an adopted child and adopters, the obligation arising from the nature of the correspondence and not from the former parent-child relationship.’
WLR Daily, 14th September 2015
Source: www.iclr.co.uk
Children Public Law Update (September 2015) – Family Law Week
‘John Tughan QC of 4 Paper Buildings reviews recent judgments of significance to child care lawyers.’
Family Law Week, 2nd September 2015
Source: www.familylawweek.co.uk
Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily
‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 6th August 2015
Source: www.iclr.co.uk
When keeping a child from their mother is in their best interests – The Guardian
‘Taking a child away from a parent is one of the most profound and far-reaching powers a court can exercise. Can it ever be in the best interests of a child to lose not only a parent but also a nationality and family heritage? These questions are prompted by the decision of the court of appeal last week that a Latvian girl, known only as CB, should be brought up by adoptive parents in the UK.’
The Guardian, 14th August 2015
Source: www.guardian.co.uk
Latvian child must be adopted in the UK, judge rules – BBC News
‘A Latvian girl should be adopted in the UK, despite objections from her mother and the Latvian authorities, the Court of Appeal has ruled.’
BBC News, 13th August 2015
Source: www.bbc.co.uk
Adopted girl wins right to return to biological family after abuse – The Guardian
‘A 14-year-old girl has won a “highly exceptional” legal ruling that revokes an adoption order made more than 10 years ago.’
The Guardian, 11th August 2015
Source: www.guardian.co.uk
Education and Adoption Bill published – Education Law Blog
‘The Education and Adoption Bill was presented to Parliament on 3 June 2015. The proposed legislation would make the following changes to education law in England and Wales.No date has been announced yet for the second reading.’
Education Law Blog, 4th June 2015
Source: www.education11kbw.com
