adoption – Page 11 – Current Awareness

Seddon v Oldham Metropolitan Borough Council – WLR Daily

Posted October 2nd, 2015 in adoption, contact orders, human rights, law reports by tracey

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

Posted September 10th, 2015 in adoption, care orders, children, costs, documents, families, legal aid, news by tracey

‘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

Posted August 21st, 2015 in adoption, appeals, care orders, children, EC law, families, family courts, human rights, jurisdiction, law reports, local government, transfer of proceedings by sally

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘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

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘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

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘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

Posted August 12th, 2015 in adoption, care orders, child abuse, names, news by sally

‘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

Posted June 5th, 2015 in adoption, bills, education, government departments, local government, news, standards by sally

‘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

Keep Calm and Read B-S – Family Law Week

Posted June 3rd, 2015 in adoption, appeals, care orders, children, families, local government, news, Supreme Court by sally

‘Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.’
Full story

Family Law Week, 2nd June 2015

Source: www.familylawweek.co.uk

Children Public Law Update – Family Law Week

Posted June 3rd, 2015 in adoption, appeals, child abuse, children, evidence, expert witnesses, female genital mutilation, litigants in person, local government, news, passports, split hearings, wardship by sally

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

Two-year-old boy removed from parents’ care after concerns over family’s ‘smoky house’ – The Independent

Posted June 2nd, 2015 in adoption, care orders, health, news, smoking by sally

‘A two-year-old boy has been taken from his parents’ care after a health visitor highlighted concerns about the level of cigarette smoke at his home.’

The Independent, 1st June 2015

Source: www.independent.co.uk

Adoption rates in freefall after court ruling leaves children languishing in unsuitable homes – The Independent

Posted May 13th, 2015 in adoption, children, families, local government, news, statistics by tracey

‘The number of children being put forward for adoption has plummeted over the past year following a series of court rulings that have left local authorities frightened of removing them from birth families.’

The Independent, 12th May 2015

Source: www.independent.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.’

Family Law Week, 6th May 2015

Source: www.familylawweek.co.uk

Re J: A Lesson on Threshold and Logic – Family Law Week

Posted April 30th, 2015 in adoption, appeals, care orders, news by sally

‘Alex Laing, pupil, and Radhika Handa, barrister, of Coram Chambers, consider Re J in which the Court of Appeal picked up a number of the themes articulated by the President in Re A.’

Family Law Week, 23rd April 2015

Source: www.familylawweek.co.uk

Shared parental leave rules come into force in UK amid small business fear – The Guardian

Posted April 7th, 2015 in adoption, employment, maternity leave, news, parental rights, paternity leave by sally

‘New rules heralding Scandinavian-style shared parental leave of up to 50 weeks come into force this weekend as concerns continue that many employers are not ready for the “complicated and challenging” changes.’

The Guardian, 3rd April 2015

Source: www.guardian.co.uk

Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Family Law Week

Posted March 31st, 2015 in adoption, care orders, delay, EC law, foreign jurisdictions, news by sally

‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’

Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Single dad adopts surrogate baby born to his mother – Park Square Barristers

Posted March 19th, 2015 in adoption, families, news, parental responsibility, surrogacy by sally

‘The single father in the recent case B v C & Others (Surrogacy: Adoption) [2015] EWFC 17 (Fam) successfully obtained an adoption order which was the only means open to him to secure his legal relationship with his surrogate son. Alison Hunt of Park Square Barristers represented the father in this unique case in the Family Court before Mrs Justice Theis. The judgment opens the way for other single would-be parents to proceed in the same way, but it also highlights the very real pitfalls and uncertainty which await them in this difficult process. It raises questions about whether parental orders should be available to single applicants as they are for couples.’

Park Square Barristers, 9th March 2015

Source: www.parksquarebarristers.co.uk

Lawyers, Social Workers and the Proportionality Test – Family Law Week

Posted March 11th, 2015 in adoption, children, criminal records, custody, families, family courts, local government, news, proportionality, sexual offences, social services by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.’

Family Law Week, 9th March 2015

Source: www.familylawweek.co.uk

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