Baby death couple win children back – Daily Telegraph

‘Father accused of suffocating his baby by rolling on her as they slept can be reunited with her twin after a judge ruled that the baby’s sister should not have been removed by social workers.’

Full story

Daily Telegraph, 5th June 2014

Source: www.telegraph.co.uk

R (JG) v Lord Chancellor (Law Society intervening) – WLR Daily

Posted May 29th, 2014 in appeals, apportionment, care orders, costs, expert witnesses, law reports, legal aid by michael

R (JG) v Lord Chancellor (Law Society intervening) [2014] EWCA Civ 656;  [2014] WLR (D)  235

‘Where a child who was a party to private law proceedings under the Children Act 1989 had the benefit of public funding in respect of his costs and the court considered that it was necessary to instruct a single joint expert to produce a report to assist the court in determining what was in the best welfare interests of the child, but the other parties had no funding and were unable to pay their share of the expert’s costs, the court could depart from the order that it would otherwise have made, to the greater cost of the publicly funded party, where the failure to adduce the expert’s report would result in a breach of one of the party’s rights under articles 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the court was not prevented from doing so by section 22(4) of the Access to Justice Act 1999. Where, in the case of a single joint expert, there was no problem over resources, there was no normal rule of equal apportionment of the costs, and that issue of apportionment was to be determined in the exercise of the court’s discretion, taking into account the particular circumstances of the case.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Couple who kept 19 dogs lose fight to have children returned from foster care – The Guardian

Posted May 29th, 2014 in appeals, care orders, dogs, news, parental rights by michael

‘A couple who kept 19 dogs have lost a family court fight for the return of their two children.’

Full story

The Guardian, 29th May 2014

Source: www.guardian.co.uk

Re B-S and the Perils of the ‘Balance Sheet’ Approach – Family Law Week

‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’

Full story

Family Law Week, 23rd May 2014

Source: www.familylawweek.co.uk

High Court makes adoption call for baby with no name – BBC News

Posted May 27th, 2014 in adoption, care orders, learning difficulties, names, news, social services by sally

‘A baby with no name is to be placed for adoption after a High Court judge highlighted concerns about his father’s hostility to social workers.’

Full story

BBC News, 25th May 2014

Source: www.bbc.co.uk

In re S (Children) (Care Proceedings: Fact-finding Hearings) – WLR Daily

Posted May 22nd, 2014 in appeals, care orders, case management, children, law reports by sally

In re S (Children) (Care Proceedings: Fact-finding Hearings) [2014] EWCA Civ 638; [2014] WLR (D) 217

‘Reiterating the inappropriateness of separate fact-finding hearings in most care proceedings, it was essential that if there was to be a separate fact-finding hearing, the ambit of the hearing should be clearly defined and understood by all and, if the ambit altered as the case proceeded, that the adjustment was promptly reflected in the schedule of findings sought and that there was an authentic, definitive record of precisely what findings the judge had made.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

The Serial Removal of Children from Young Mothers – is this right? – Family Law Week

‘Maureen N Obi-Ezekpazu, FRSA, Barrister and Mediator, Family Matters, asks what can be done to help the plight of young mothers who have had several children permanently removed.’

Full story

Family Law Week, 18th May 2014

Source: www.familylawweek.co.uk

Review into death of boy pinpoints decision of magistrates to refuse EPO – Local Government Lawyer

‘A “very unusual” Magistrates’ Court decision to refuse the grant of an emergency protection order (EPO) for a baby boy disempowered agencies, a serious case review into his death has concluded.’

Full story

Local Government Lawyer, 25th April 2014

Source: www.localgovernmentlawyer.co.uk

Family justice reforms to benefit children – Ministry of Justice

Posted April 24th, 2014 in care orders, children, family courts, press releases, time limits by tracey

‘The largest family justice reforms for a generation will come into effect today.’

Full press release

Ministry of Justice, 22nd April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

New Family Court comes into being amid justice reforms – BBC News

Posted April 22nd, 2014 in care orders, delay, divorce, expert witnesses, family courts, news, time limits by sally

‘New combined Family Courts have come into being in England and Wales as part of family justice system reforms.’

Full story

BBC News, 22nd April 2014

Source: www.bbc.co.uk

Family head clamps down on care time limit, but hails pioneering court – Law Society’s Gazette

Posted April 17th, 2014 in care orders, courts, drug abuse, family courts, news, time limits by tracey

‘The Family Drug and Alcohol Court (FDAC) must be a “vital component” of the unified Family Court, the head of the Family Division said in a judgment highlighting the need for strict adherence to the time limit for resolving care cases.’

Full story

Family Law Week, 16th April 2014

Source: www.lawsocietygazette.co.uk

Is Time Running Out For Section 20 of The Children Act? – Family Law Week

Posted April 17th, 2014 in birth, care orders, children, local government, news, social services, time limits by tracey

‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

Plan to give adopted children new identities to stop birth parents finding them – Daily Telegraph

‘Social services ask High Court to give two young children new names and even cut links with other siblings to protect them from abusive parents.’

Full story

Daily Telegraph, 3rd April 2014

Source: www.telegraph.co.uk

Care Proceedings: Who is Best Placed to Provide Best Evidence? – Family Law Week

‘Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.’

Full story

Family Law Week, 1st April 2014

Source: www.familylawweek.co.uk

Children and Family Court Advisory and Support Service (Cafcass) becomes part of the Ministry of Justice – Ministry of Justice

‘The welfare of children will be brought closer to the family court system as key safeguarding organisation Cafcass joins the Ministry of Justice, Family Justice Minister Simon Hughes has announced.’

Full story

Ministry of Justice, 1st April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Judge orders toddler to be returned to parents after nearly a year in care – Daily Telegraph

Posted April 1st, 2014 in care orders, child abuse, children, news, personal injuries, social services by sally

‘A little boy who suffered brain injuries after falling from a bed should be returned to his parents after being taken into care nearly a year ago amid, the High Court has ruled.’

Full story

Daily Telegraph, 31st March 2014

Source: www.telegraph.co.uk

Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

Full story

Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

Judge to probe ‘jihadist’ claims over boys, aged 11 and 12 – Daily Telegraph

Posted March 12th, 2014 in care orders, children, families, inciting religious hatred, Islam, news by tracey

‘Two young brothers could be taken into care after their mother warned they were being radicalised with extremist Islamist views by her estranged husband, the High Court was told.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

Boy fed nine litres of goat milk a day cannot stay with his mother, court rules – The Independent

Posted March 7th, 2014 in care orders, children, food, mental health, news, parental responsibility by tracey

‘A boy who was fed nine litres of goat’s milk a day for six months will not be allowed to live with his mother, a senior family court judge has ruled.’

Full story

The Independent, 6th March 2014

Source: www.independent.co.uk