Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Civil partnerships for heterosexual couples: what you need to know – Family Law

‘As of 31st December 2019, it is now possible for both same-sex and heterosexual couples to enter into a civil partnership. The institution was initially devised solely for same-sex couples through the Civil Partnership Act 2004; it was meant to be a distinct separate relationship status for same-sex couples akin, but different to, a marriage. This has now changed and moving into 2020, heterosexual couples may opt for a civil partnership instead of a marriage.’

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Family Law, 5th February 2020

Source: www.familylaw.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

Helen McCourt murderer Ian Simms to be released imminently – BBC News

Posted February 5th, 2020 in bereavement, bills, disclosure, families, murder, news, parole by sally

‘A man jailed over the murder of a 22-year-old woman is due to be freed from prison imminently despite never revealing where he hid her remains.’

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BBC News, 4th February 2020

Source: www.bbc.co.uk

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

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Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

People who worked on Grenfell Tower ‘could face life sentences’ – The Guardian

‘People who worked on the Grenfell Tower refurbishment could face the threat of being jailed for life, their lawyers have said, with witnesses interviewed by police believing they could be charged with manslaughter.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Surrogacy: Social media advertising plans prompt regulator warning – BBC News

Posted January 29th, 2020 in advertising, families, internet, Law Commission, news, pregnancy, surrogacy by sally

‘Social media adverts urging young women to become surrogate mothers could be allowed under Law Commission proposals.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

Wales to bring in smacking ban after assembly vote – BBC News

Posted January 29th, 2020 in assault, bills, child cruelty, children, families, news, Wales by sally

‘A law banning people in Wales from smacking their children has been passed by the Welsh Assembly.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Child sexual exploitation: ‘Everything we said was viewed with suspicion’ – The Guardian

‘Parents of children sexually exploited by criminal gangs can be blamed for not preventing abuse, report finds.’

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The Guardian, 29th January 2020

Source: www.theguardian.com

Bar investigates training on how to deal with suicidal clients – Legal Futures

Posted January 27th, 2020 in barristers, families, family courts, legal education, mental health, news, suicide by sally

‘The Bar Council is to explore how to deliver training to barristers about dealing with suicidal clients after a family law practitioner related her own harrowing experiences confronting the issue.’

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Legal Futures, 27th January 2020

Source: www.legalfutures.co.uk

Unregulated accommodation – Family Law Week

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

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Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

Naturalist who wanted to rewild family farm loses 15-year legal battle with his brother, as judge rules he cannot prevent sale – Daily Telegraph

‘A naturalist who wanted to rewild the family farm has lost a 15-year legal battle with his brother after a judge ruled he cannot prevent the sale.’

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Daily Telegraph, 23rd January 2020

Source: www.telegraph.co.uk

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

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Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

Welsh parents lose opt-out for sex, relationship and religious education – The Guardian

Posted January 22nd, 2020 in children, consultations, education, families, news, parental rights, school children, Wales by sally

‘Parents in Wales will soon lose the right to withdraw their children from lessons on sex and relationships or religion, provoking concern among both church groups and secular campaigners.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

Parental alienation- the duty to identify at an early stage or risk getting it wrong – Becket Chambers

Posted January 22nd, 2020 in children, families, family courts, news, parental responsibility by sally

‘This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation on the basis that it is right to do so… She is unable to perceive herself as being an agent or a cause.” This case should act as a warning to the Court and practitioners as to the very harrowing consequences of parental alienation. Re A shows how complex cases become when one parent alienates children from the other parent.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Government loses child refugee vote in string of Lords defeats – The Guardian

‘The government has suffered five defeats on its Brexit deal in the space of 24 hours in the House of Lords, with the heaviest defeat in a vote to restore the right of unaccompanied child refugees to be reunited with their families in the UK after Brexit.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

New ‘transformational’ code to protect children’s privacy online – BBC News

Posted January 22nd, 2020 in children, codes of practice, families, internet, news, privacy, suicide by sally

‘Social media sites, online games and streaming services used by children will have to abide by a new privacy code set by the UK’s data watchdog.’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

Sibling relationships in the care system – Transparency Project

Posted January 21st, 2020 in care orders, children, families, news by sally

‘A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.’

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Transparency Project, 19th January 2020

Source: www.transparencyproject.org.uk