Coronacontact- what about the children in care? – Transparency Project

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

Sharing or Caring? The Delineation of UK Parental Rights – Oxford Human Rights Hub

‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’

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Oxford Human Rights Hub, 7th April 2020

Source: ohrh.law.ox.ac.uk

Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer

Posted April 9th, 2020 in appeals, care orders, child cruelty, children, disclosure, documents, families, news by sally

‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

UK crime agency loses case against ex-Kazakh president’s family – The Guardian

‘Britain’s National Crime Agency has lost a high court attempt to force the daughter and grandson of a former president of Kazakhstan to explain where they got the money to buy £80m of property in London.’

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The Guardian, 8th April 2020

Source: www.theguardian.com

Remote Justice : A Judge’s perspective – Transparency Project

‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’

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Transparency Project, 7th April 2020

Source: www.transparencyproject.org.uk

Barrister breached court order to see ex-girlfriend – Legal Futures

‘A senior barrister has been suspended for three months and fined £1,000 for twice breaching a non-molestation order to see his ex-girlfriend.’

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Legal Futures, 8th April 2020

Source: www.legalfutures.co.uk

Coronavirus: Walsall dad fined for son flouting lockdown – BBC News

‘A father has been fined by police after his son persistently flouted the coronavirus lockdown rules.’

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BBC News, 7th April 2020

Source: www.bbc.co.uk

UK lawyers inundated by divorced parents arguing over lockdown custody – The Guardian

Posted April 8th, 2020 in children, coronavirus, custody, divorce, families, news by sally

‘Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.’

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The Guardian, 7th April 2020

Source: www.theguardian.com

Ex-detective who preyed on women given suspended sentence to care for son – The Guardian

‘A former detective constable who admitted inappropriate contact with women he met in the course of his duties has been given a suspended sentence after a judge heard that no one else could care for his one-year-old child during the coronavirus lockdown.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

New guidance on domestic violence injunctions – Legal Aid Handbook

Posted April 7th, 2020 in domestic violence, families, injunctions, news by sally

‘On 3 April 2020, the government issued the guidance ‘Applying for a domestic violence (Family Law Act) injunction for unrepresented applicants’.’

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Legal Aid Handbook, 6th April 2020

Source: legalaidhandbook.com

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

Coronavirus: Single parents take government to court over welfare rules – BBC News

Posted April 3rd, 2020 in benefits, children, coronavirus, families, immigration, news by sally

‘A group of single parents who cannot claim welfare payments because of their migration status are suing the government.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

Couple who opposed council vaccinating their child lose appeal – The Guardian

‘A couple who tried to prevent the local authority from vaccinating their child, who is in care, have failed to overturn the decision by requiring courts to become routinely involved in such disputes.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

Covid-19: Pay for working parents forced to look after their children – Cloisters

Posted April 3rd, 2020 in chambers articles, children, coronavirus, employment, families, news, remuneration by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. Employment lawyers are having to advise in a context where the landscape is changing day by day. As fresh guidance is issued and new headlines emerge, the next legal queries evolve.’

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Cloisters, 27th March 2020

Source: www.cloisters.com

The Remote Family Court – where does transparency fit in? – Transparency Project

Posted April 3rd, 2020 in coronavirus, families, family courts, live link evidence, media, news by sally

‘The Transparency Project recently assisted the FLBA tech working party to gather some information and feedback in light of the publication of the key judicial guidance on family justice during the pandemic – ‘The Remote Family Court’. That document (now on version 2), sets out a number of unresolved questions at paragraph 8.3. Our contribution to that exercise focused on elements that fell within our ambit – access to journalists and legal bloggers, recording of proceedings, litigants in person, and information for the public.’

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Transparency Project, 2nd April 2020

Source: www.transparencyproject.org.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Daughter in CoP case questions “second-rate” Skype justice – Legal Futures

‘An academic who was present at the first Court of Protection hearing to be conducted over Skype last month has raised concerns over its impact on relatives and witnesses.’

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Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Met to face judicial review over role of school police officers – The Guardian

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

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The Guardian, 30th March 2020

Source: www.theguardian.com