‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’
Local Government Lawyer, 15th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.’
Financial Remedies Journal, 11th November 2024
Source: financialremediesjournal.com
‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’
Financial Remedies Journal, 15th November 2024
Source: financialremediesjournal.com
‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’
BBC News, 18th November 2024
Source: www.bbc.co.uk
‘A former councillor has been sentenced to 18 years in prison after stabbing his wife three times while she soothed their baby.’
BBC News, 15th November 2024
Source: www.bbc.co.uk
‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’
UK Human Rights Blog, 15th November 2024
Source: ukhumanrightsblog.com
‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’
Becket Chambers, 31st October 2024
Source: becket-chambers.co.uk
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’
Becket Chambers, 31st October 2024
Source: becket-chambers.co.uk
‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’
Becket Chambers, 7th October 2024
Source: becket-chambers.co.uk
‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’
Becket Chambers, 1st October 2024
Source: becket-chambers.co.uk
‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’
Local Government Lawyer, 11th November 2024
Source: www.localgovernmentlawyer.co.uk
‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’
Legal Futures, 11th November 2024
Source: www.legalfutures.co.uk
‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’
Courts and Tribunals Judiciary, 7th November 2024
Source: www.judiciary.uk
‘The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.’
Financial Remedies Journal, 8th November 2024
Source: financialremediesjournal.com
‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’
The Guardian, 9th November 2024
Source: www.theguardian.com
‘A lorry driver and ex-DJ who stabbed his partner’s mother to death in a drunken attack after she tried to help her daughter has been jailed for life with a minimum term of 20 years.’
The Guardian, 7th November 2024
Source: www.theguardian.com
© Inner Temple Library 2024