Terence McArthur admits 1976 killing of baby daughter – BBC News
‘A man has admitted killing his 14-day-old daughter more than 45 years ago.’
BBC News, 22nd June 2021
Source: www.bbc.co.uk
Category: families
The Domestic Abuse Act – Law Society’s Gazette
‘The Domestic Abuse Act, which will be implemented later this year, brings in important changes, many of which have been received positively by the sector. These changes will lead to significant developments, enabling frontline professionals to raise awareness and secure protection for survivors of domestic abuse.’
Law Society's Gazette, 21st June 2021
Source: www.lawgazette.co.uk
Limited leave to remain does not knock out a Zambrano claim – EIN Blog
‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’
EIN Blog , 21st June 2021
Source: www.ein.org.uk
Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers
‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’
Doughty Street Chambers, 14th June 2021
Source: insights.doughtystreet.co.uk
Religious circumcision in the courts again: P – Law & Religion UK
‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’
Law & Religion UK, 16th June 2021
Source: lawandreligionuk.com
Family Arbitration: the outlook after Haley – Family Law
‘The recent decision of the Court of Appeal in Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is “wrong”. This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.’
Family Law, 17th June 2021
Source: www.familylaw.co.uk
Pension sharing orders: Finch v Baker – Family Law
‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’
Family Law, 17th June 2021
Source: www.familylaw.co.uk
Parental Alienation: Where Are We All Going Wrong? – Family Law Week
‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for a fact-finding approach to cases involving alleged parental alienation.’
Family Law Week, 14th June 2021
Source: www.familylawweek.co.uk
Man convicted of murders of two women in Yorkshire, 21 years apart – The Guardian
‘Relatives have paid tribute to two women killed by the same man, after he was convicted of the two murders more than 20 years apart. Gary Allen murdered both Samantha Class and Alena Grlakova, a jury decided. Class was killed in Hull in 1997, and Grlakova in Rotherham in 2018.’
The Guardian, 18th June 2021
Source: www.theguardian.com
Judge dismisses application by birth parents for boy in interim care to be circumcised before second birthday – Local Government Lawyer
‘A High Court judge has dismissed an application by a mother for a boy (P), who is aged 21 months and in interim care, to be circumcised in accordance with the custom of the Muslim faith before his second birthday.’
Local Government Lawyer, 15th June 2021
Source: www.localgovernmentlawyer.co.uk
Family Affairs Financial Remedies Update June 2021 – St John’s Chambers
‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’
St John's Chambers, 8th June 2021
Source: www.stjohnschambers.co.uk
Failure to remove claims and section 20 accommodation – Local Government Lawyer
‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
Terminating a father’s responsibility for the child – Local Government Lawyer
‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week
‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’
Family Law Week, 9th June 2021
Source: www.familylawweek.co.uk
Ex-police officer who tracked wife with GPS spared same fate Published14 hours ago – BBC News
‘A controlling husband who planted a GPS device in his wife’s car objected to being tracked himself as punishment.’
BBC News, 10th June 2021
Source: www.bbc.co.uk
Christopher Kapessa: Family wins legal bid to review decision not to prosecute teen over river death – The Independent
‘The family of 13-year-old Christopher Kapessa, who died after being pushed into the River Cynon in South Wales in July 2019, have won a High Court bid for a review of the decision not to prosecute the teenager accused of being responsible.’
The Independent, 11th June 2021
Source: www.independent.co.uk
Costs orders – litigate at your peril – Family Law
‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’
Family Law, 3rd June 2021
Source: www.familylaw.co.uk
Newborn care report sparks judicial response – Law Society’s Gazette
‘Judges are to investigate the use of urgent hearings in proceedings involving babies, after a study found that 85% of mothers in cases involving newborns being taken into care were given less than seven days’ formal notice.’
Law Society's Gazette, 4th June 2021
Source: www.lawgazette.co.uk
‘Overwhelming and emotionally traumatic’: 1 in 6 new mothers only given a day’s notice of care proceedings, research says – The Independent
‘One in six mothers involved in care proceedings over the last year were given just a day’s notice of a court hearing to decide whether their newborn child would be taken into care, according to research. The vast majority of such women in England and Wales receive less than one week’s notice, new analysis shows.’
The Independent, 5th June 2021
Source: www.independent.co.uk
