Category: families

When the end is not the end…. Until clean break us do part – 5 SAH

Posted March 4th, 2020 in chambers articles, children, divorce, families, financial provision, news by sally

‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:

– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’

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5 SAH, 26th February 2020

Source: www.5sah.co.uk

Unmarried partners still missing bereavement payments – BBC News

Posted March 4th, 2020 in bereavement, child support, children, cohabitation, equality, families, government departments, human rights, marriage, news, Supreme Court by sally

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Court of Appeal rejects appeal by council over ruling reuniting mother and child in different residential unit – Local Government Lawyer

Posted March 2nd, 2020 in appeals, care orders, children, drug abuse, families, fostering, housing, local government, news by sally

‘A local authority has failed in an appeal over a judge’s decision that a mother and child should be reunited in a different residential unit.’

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Local Government Lawyer, 28th February 2020

Source: www.localgovernmentlawyer.co.uk

Private Family Law: Children Summary of Recent Case Law – October to December 2019 – Becket Chambers

Posted March 2nd, 2020 in chambers articles, children, families, news by sally

‘This was a public law case which may have relevance in private law proceedings.’

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Becket Chambers, 21st February 2020

Source: becket-chambers.co.uk

Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian

Posted March 2nd, 2020 in accidents, bereavement, dangerous driving, diplomats, disclosure, documents, extradition, families, government departments, immunity, news, road traffic, unlawful killing by sally

‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’

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The Guardian, 1st March 2020

Source: www.theguardian.com

Sibling Assessments in Care and Adoption – Family Law Week

Posted February 27th, 2020 in adoption, care orders, children, families, news by sally

‘Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption.’

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Family Law Week, 26th February 2020

Source: www.familylawweek.co.uk

Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, children, families, news, parental rights, surrogacy by sally

‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’

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Law Pod UK, 24th February 2020

Source: audioboom.com

Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

Posted February 26th, 2020 in appeals, chambers articles, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Judiciary to design new online consent course for family judges – Local Government Lawyer

Posted February 26th, 2020 in consent, domestic violence, families, family courts, judges, judiciary, news, rape, sexual offences by sally

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

‘Misconceived’: ECtHR chief hits back at Sumption over rights – Law Society’s Gazette

Posted February 24th, 2020 in families, human rights, judiciary, news, parliament, privacy, rule of law by sally

‘Now is a dangerous time to roll back judicial power, the vice president of the European Court of Human Rights has said in a public rebuff to Lord Sumption’s high profile criticism of ‘law’s expanding empire’.’

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Law Society's Gazette, 22nd February 2020

Source: www.lawgazette.co.uk

Another Re W – a successful appeal against refusal for leave to oppose an adoption – Transparency Project

Posted February 24th, 2020 in adoption, appeals, care orders, child cruelty, child neglect, children, expert witnesses, families, news, social services by sally

‘In this unusual case, Re W (A child: leave to oppose adoption) [2020] EWCA (Civ) 16, the Court of Appeal has given birth parents leave to oppose an adoption order being made. The child is nearly three years old and has been living with his prospective adopters since he was aged 17 months, in November 2018, after care and placement orders had been made in March of that year. He has never lived with his parents and has not had any contact with them since October 2018.’

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Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Financial Remedies Courts – Law Society’s Gazette

Posted February 24th, 2020 in codes of practice, families, family courts, financial dispute resolution, financial provision, news by sally

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

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Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Hafiz Sharifi jailed for stabbing ex to death in front of children – BBC News

Posted February 24th, 2020 in families, imprisonment, murder, news, sentencing by sally

‘A man who repeatedly stabbed his former partner in front of her children has been jailed for a minimum of 17 years.’

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BBC News, 21st February 2020

Source: www.bbc.co.uk

UK court hears bid to access fertility clinic’s records on dead person – The Guardian

Posted February 21st, 2020 in bereavement, data protection, families, family courts, news, pregnancy by sally

‘A legal action over access to a fertility clinic’s private records concerning the storage of a dead person’s “sperm and/or embryos” is being heard by the family court partly in secret.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk

Posted February 21st, 2020 in accidents, apportionment, bereavement, chambers articles, children, damages, families, news by sally

‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’

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12 King's Bench Walk, 13th February 2020

Source: www.12kbw.co.uk

Issues of consent in fact-find hearing – Becket Chambers

Posted February 21st, 2020 in chambers articles, children, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

Posted February 21st, 2020 in charities, children, consent, domestic violence, equality, families, family courts, human rights, judges, news, rape, sexual offences, trials, women by sally

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

Posted February 19th, 2020 in chambers articles, children, coercive & controlling behaviour, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

Posted February 19th, 2020 in appeals, chambers articles, children, consent, domestic violence, families, family courts, news, rape, sexual offences by sally

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk