Domestic Violence and Care Proceedings: Re-victimising the Victim? – Family Law Week

Posted December 15th, 2015 in care orders, children, domestic violence, news, victims by sally

‘Rebekah Wilson, barrister, of Garden Court Chambers examines the plight of victims of domestic violence who find themselves caught up in care proceedings.’

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Family Law Week, 11th December 2015

Source: www.familylawweek.co.uk

Section 20 Children Act 1989: Consent, Not Coercion – Issue or be Damned – Family Law Week

‘Jacqui Gilliatt, barrister, and Amy Slingo, pupil, both of Four Brick Court, set out lessons to be learned from the recent judgments concerning section 20.’

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Family Law Week, 24th November 2015

Source: www.familylawweek.co.uk

Questioning the Use of Section 20 – Family Law Week

Posted December 3rd, 2015 in care orders, children, news, parental responsibility, social services by tracey

‘Judith Masson, Professor of Socio-legal Studies at the University of Bristol, considers section 20 of the Children Act 1989 within its broader historic, legal and practice context.’

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Family Law Week, 26th November 2015

Source: www.familylawweek.co.uk

Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week

Posted November 10th, 2015 in adoption, appeals, care orders, EC law, foreign jurisdictions, news, treaties by sally

‘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.’

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Family Law Week, 10th November 2015

Source: www.familylawweek.co.uk

Council ordered to pay £40,000 to mother and child over human rights breaches – Local Government Lawyer

Posted October 30th, 2015 in care orders, children, damages, human rights, local government, news by sally

‘A Family Court judge has ordered a local authority to pay £20,000 in damages each to a mother and her seven-year-old daughter for breaches under the Human Rights Act.’

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Local Government Lawyer, 29th October 2015

Source: www.localgovernmentlawyer.co.uk

Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

Full story

Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk

Radicalisation Cases in the Family Courts – Courts and Tribunals Judiciary

Posted October 9th, 2015 in care orders, case management, family courts, lists, news, terrorism, wardship by tracey

‘Guidance issued by Sir James Munby President of the Family Division on 8 October 2015.’

Full guidance

Courts and Tribunals Judiciary, 8th October 2015

Source: www.judiciary.gov.uk

No one has the right to expect the State to make them better parents – UK Human Rights Blog

Posted September 21st, 2015 in care orders, children, families, medical treatment, news, rehabilitation by sally

‘In the course of care proceedings, they had been compelled to pay about £200,000 to provide a therapeutic residential placement for a family pursuant to section 38(6) of the Children Act 1989. The case had a happy ending; the family stayed together. But the local authority wanted to make it clear for the future that this had been an improper use of section 38(6) of the Children Act 1989 and argued that the court could not compel a local authority to pay for therapy for parents under a statutory provision directed at assessments of the child.The House of Lords – as they then were – agreed. However, they went further than simply restating the purpose behind section 38(6).’

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UK Human Rights Blog, 18th September 2015

Source: www.ukhumanrightsblog.com

Couple win damages from Hackney after children wrongly kept in care – The Guardian

‘A husband and wife have won £10,000 each in damages from a local authority that wrongly kept their eight children in foster care. A deputy high court judge Sir Robert Francis said that if ever there was a case illustrating the challenges that faced children, parents, public authorities and the courts when concerns were raised about the safety and welfare of children, it was this one.’

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The Guardian, 17th September 2015

Source: www.guardian.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.’

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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

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.’

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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.’

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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.’

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The Guardian, 11th August 2015

Source: www.guardian.co.uk

The un-named baby appeal [2014] EWCA Civ. 1524 – Tanfield Chambers

‘On the 9th October 2014, the Court of Appeal heard a number of applications for permission to appeal by the parents of two children, who had been the subject of care and placement orders.’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Keep Calm and Read B-S – Family Law Week

‘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.’
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Family Law Week, 2nd June 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.’

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The Independent, 1st June 2015

Source: www.independent.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.’

Full story

Family Law Week, 23rd April 2015

Source: www.familylawweek.co.uk

In the matter of S (A Child) – Supreme Court

Posted April 14th, 2015 in appeals, care orders, costs, law reports, local government, Supreme Court by sally

In the matter of S (A Child) [2015] UKSC 20 (YouTube)

Supreme Court, 25th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Ariadne’s Golden Thread: Placing Children in Secure Accommodation – Family Law Week

Posted April 10th, 2015 in care orders, children, jurisdiction, news by tracey

‘Alex Laing, pupil at Coram Chambers, provides a step-by-step guide through the secure accommodation labyrinth when determining whether to use section 25 of the Children Act 1989 or the inherent jurisdiction.’

Full story

Family Law Week, 9th April 2015

Source: www.familylawweek.co.uk