What are ‘insurmountable obstacles’ to family life? – Richmond Chambers

Posted December 4th, 2019 in families, human rights, immigration, married persons, news by sally

‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’

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Richmond Chambers, 29th November 2019

Source: immigrationbarrister.co.uk

‘Disgraceful’: Furious families confront NHS trust bosses over maternity scandal as it emerges true extent may never be known – The Independent

‘The full extent of failings by the hospital trust at the centre of the largest NHS maternity scandal may never be known, it has emerged. The chair of the independent investigation into Shrewsbury and Telford Hospital Trust has warned that some records going back more than two decades may have been destroyed under NHS rules.’

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The Independent, 28th November 2019

Source: www.independent.co.uk

Former model must lose £2.2m inheritance from Swiss banker boyfriend, court rules – Daily Telegraph

‘Aformer model must lose the £2.2m inheritance from her Swiss banker boyfriend, the Court of Appeal has ruled, and instead give it back to his children.’

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Daily Telegraph, 28th November 2019

Source: www.telegraph.co.uk

Suitability when? Review and decision dates – Nearly Legal

Posted November 27th, 2019 in appeals, families, homelessness, housing, local government, news by sally

‘The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review.’

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Nearly Legal, 26th November 2019

Source: nearlylegal.co.uk

‘Hundreds more cases’ in Shropshire maternity scandal – BBC News

‘More than 200 new families have contacted an inquiry into mother and baby deaths at a hospital trust in Shropshire.’

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BBC News, 26th November 2019

Source: www.bbc.co.uk

The President’s New Clothes – Transparency Project

Posted November 25th, 2019 in domestic violence, families, family courts, judges, media, news by sally

‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’

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Transparency Project, 23rd November 2019

Source: www.transparencyproject.org.uk

What is coercive control and why is it so difficult to recognize? – OUP Blog

‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’

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OUP Blog, 25th November 2019

Source: blog.oup.com

Review launched into Government’s compensation scheme for families of British people murdered overseas – Daily Telegraph

‘A review is under way into the Government’s compensation scheme for families of British people murdered outside the UK and the European Union.’

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Daily Telegraph, 24th November 2019

Source: www.telegraph.co.uk

Shrewsbury maternity scandal: Hundreds of families whose babies died or have been left with brain damage in hospital to be contacted by trust – The Independent

Posted November 22nd, 2019 in birth, families, hospitals, midwives, news, pregnancy, reports by sally

‘Hundreds of families whose babies died or have been left with brain damage after maternity care treatment at Shrewsbury and Telford Hospital Trust are now being informed they are part of a major investigation into the largest scandal of its type ever to hit the NHS, following a report by The Independent.’

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The Independent, 21st November 2019

Source: www.independent.co.uk

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 19th November 2019

Source: www.familylaw.co.uk

High Court rules marriage between trans man and woman invalid by as both were legally female during ceremony – Daily Telegraph

Posted November 21st, 2019 in birth certificates, families, gender, human rights, marriage, news, transgender persons by sally

‘A High Court judge has ruled that a marriage between a woman and a trans man was void because both parties were legally female during the ceremony.’

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Daily Telegraph, 20th November 2019

Source: www.telegraph.co.uk

Hawala: why it is used and what family practitioners should know about it – Family Law Week

‘Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by the effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it.’

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Family Law Week, 20th November 2019

Source: www.familylawweek.co.uk

City firms’ presenteeism culture in the dock – Legal Futures

Posted November 20th, 2019 in families, flexible working, law firms, news by sally

‘The case of a City lawyer told that leaving work slightly early to pick up her children was setting a bad example, shows how the profession needs to work on changing the culture of presenteeism, a flexible working specialist has argued.’

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Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

Brothers’ and sisters’ rights in care – Transparency Project

Posted November 18th, 2019 in adoption, appeals, care orders, children, families, human rights, news, Supreme Court by sally

‘Many people believe that we do not pay enough attention to the rights of children in care to stay with, or at least stay in touch with, their brothers and sisters. Our relationships with our brothers and sisters can be the longest and most valuable in our lives but, for a range of reasons, these relationships can be disrupted when children are taken into care – or adopted – and are arguably overlooked by the law.’

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Transparency Project, 17th November 2019

Source: www.transparencyproject.org.uk

Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by sally

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Incestuous couple who murdered their teenage sons jailed for life – The Guardian

‘A couple in an incestuous relationship who murdered their two teenage sons and tried to kill their remaining four children have been jailed for life.’

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The Guardian, 12th November 2019

Source: www.theguardian.com

Thirty years on, has the Children Act changed family life for the better? – The Guardian

Posted November 13th, 2019 in children, families, news by sally

‘Politicians, social workers, parents and legal experts discuss whether the far-reaching act has been successful at putting children’s interests first.’

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The Guardian, 13th November 2019

Source: www.theguardian.com

Mother to sue justice ministry after probation errors led to son’s murder – The Guardian

‘The Ministry of Justice is to be sued by the mother of a five-year-old boy who was murdered by her boyfriend after an inquest concluded that defects in the probation system contributed to his death.’

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The Guardian, 9th November 2019

Source: www.theguardian.com

Teenager jailed for murder of Ellie Gould – The Guardian

Posted November 11th, 2019 in bereavement, domestic violence, families, murder, news, sentencing, victims, young offenders by sally

‘The family of a 17-year-old girl brutally murdered by a fellow sixth-former the day after she ended their relationship have said the killer should never be released from prison.’

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The Guardian, 8th November 2019

Source: www.theguardian.com