Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by sally

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

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Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Law Pod UK Ep. 24: Right of residence under EU rules – 1 COR

Posted March 12th, 2018 in appeals, citizenship, EC law, families, immigration, news by sally

‘Rosalind English talks to Jonathan Metzer about how family members of UK citizens, who don’t themselves have citizenship, obtain a residence card under EU rules – and how they can appeal if they’re refused.’

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Law Pod UK, 6th March 2018

Source: audioboom.com

Home Office broke its own rules on avoiding family separations – The Guardian

Posted March 12th, 2018 in bail, detention, families, immigration, news by sally

‘The Home Office broke its own rules when British children had to be taken into care after officials arrested their father.’

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The Guardian, 11th March 2018

Source: www.theguardian.com

Police targeting of dead man’s sister ‘probably influenced by racism’ – The Guardian

Posted March 8th, 2018 in death in custody, families, news, police, racism, reports by sally

‘The police’s decision to launch a surveillance operation against a woman whose brother had been unlawfully killed in a police station was likely to have been influenced partly by racial discrimination, a leaked report by a watchdog concluded.’

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The Guardian, 7th March 2018

Source: www.theguardian.com

Family Drug and Alcohol Courts to expand across London – Local Government Lawyer

Posted March 1st, 2018 in alcohol abuse, care orders, courts, drug abuse, families, family courts, London, news by sally

‘The Family Drug and Alcohol Court ( FDAC) is to expand in London after a partnership of nine boroughs, led by Merton Council, commissioned the service from the Tavistock and Portman NHS Foundation Trust.’

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Local Government Lawyer, 28th February 2018

Source: www.localgovernmentlawyer.co.uk

Court to hear case of banker kept alive against family’s wishes – The Guardian

Posted February 26th, 2018 in consent, families, hospitals, medical treatment, news, Supreme Court by sally

‘The case of an investment banker who suffered severe brain damage following a heart attack will be heard by the supreme court on Monday in a test of whether judges need to authorise the withdrawal of life support treatment.’

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The Guardian, 25th February 2018

Source: www.theguardian.com

Does the inclusion of families and children in family proceedings go far enough? – Family Law Week

Posted February 23rd, 2018 in children, families, family courts, judgments, news, witnesses by sally

‘Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.’

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Family Law Week, 22nd February 2018

Source: www.familylawweek.co.uk

Hyde Park bombing: Families of victims of IRA attack granted legal aid – The Independent

Posted February 6th, 2018 in armed forces, explosives, families, legal aid, news, victims by sally

‘Families of the victims of the IRA Hyde Park bombing have been awarded legal aid to fund civil action against a suspect.’

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The Independent, 6th February 2018

Source: www.independent.co.uk

Court ruling on decision to place a child with sibling’s adopters (Re B (a child)) – Family Law

Posted January 30th, 2018 in adoption, appeals, families, news, placement orders by sally

‘Family analysis: Emily James, barrister at The 36 Group, considers the practical implications of the Court of Appeal judgment in Re B (A Child) (Care Proceedings) [2018] EWCA Civ 20, [2018] All ER (D) 74 (Jan), in which a decision to place a child for adoption, even when there was a viable family placement available, was upheld.’

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Family Law, 29th January 2018

Source: www.familylaw.co.uk

Surrogacy: Law Practice and Policy in England and Wales – Family Law

Posted January 29th, 2018 in families, human rights, news, surrogacy by sally

‘Since the first UK surrogacy case hit the headlines in 1985 with the birth of Baby Cotton, surrogacy law has been evolving in the UK, and indeed throughout the world. As the pool of adoptable babies continues to shrink, the growth of surrogacy as a means of supporting childless couples to start their families is a trend that is likely to continue.’

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Family Law, 25th January 2018

Source: www.familylaw.co.uk

Paul Playle jailed for stalking wife for two years – BBC News

Posted January 25th, 2018 in families, harassment, news, sentencing, stalking by sally

‘A “calculating and cruel” husband who stalked his own wife for two years has been jailed.’

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BBC News, 24th January 2018

Source: www.bbc.co.uk

What does family mediation involve? – Family Law

Posted January 22nd, 2018 in arbitration, divorce, families, news by sally

‘This month thousands of couples across the country discovered that the Christmas holiday had been the last straw for their failing relationship, and decided to call time on their marriage. But what do they do next? Family Mediation Week runs from 22-26 January, aiming to highlight exactly what family mediation entails.’

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Family Law, 19th January 2018

Source: www.familylaw.co.uk

Parents with Learning Disabilities and a Local Authority’s Responsibilities – Family Law Week

‘Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.’

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Family Law Week, 18th January 2018

Source: www.familylawweek.co.uk

The use of testing for drugs and alcohol in FDAC – Family Law

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

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Family Law, 9th January 2018

Source: www.familylaw.co.uk

Must the family be told? Genetic information and liability for non-disclosure to relatives – 1 Crown Office Row

Posted January 9th, 2018 in disclosure, families, health, hospitals, human rights, news by sally

‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’

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1 Crown Office Row, 9th January 2018

Source: www.1cor.com

Mediation: a better route to a good settlement? – Family Law

‘The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:
– Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
– Is it possible to draft a consent order without giving advice on its terms?
– Is it appropriate to draft a consent order without giving parties advice on its terms?’

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Family Law, 22nd December 2017

Source: www.familylaw.co.uk

Preventing elderly financial abuse – Family Law

Posted December 18th, 2017 in elderly, families, news, powers of attorney by sally

‘There shouldn’t be anything suspicious about a young man accompanying his aunt to see her solicitor. Frail or elderly people often seek the assistance of family members when making important decisions. Most of the time, there is indeed no concern, just a caring relative looking after a loved one. But there is a growing sense among private client practitioners that financial elderly abuse is on the rise, and an overly protective nephew could be a sign that the situation is perhaps not as straightforward as it seems.’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk

Burial law should be reformed to stop family rows, says Law Commission – Daily Telegraph

Posted December 15th, 2017 in burials and cremation, families, news, wills by sally

‘The law must be changed to stop families ignoring the burial wishes of the dead, the Law Commission has said. Currently someone’s wishes have no legal standing even if expressed in a will and family members can overrule them after death if they decide to do something different.’

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Daily Telegraph, 14th Decemeber2017

Source: www.telegraph.co.uk

The impact of acrimonious family breakdowns on children – Family Law

Posted December 12th, 2017 in children, divorce, families, mental health, news by sally

‘The issue of single parent families has attracted the attention of headline writers for more than a generation. But in the reporting of data relating to them, much of it centres on the two million single parents who comprise a quarter of all UK families with dependent children. Notably, rather less coverage is given to the 3.2m children who live with a single parent, most of whom come from a divorced family. Far less likely to make headlines is that many of these children are adversely affected by parental conflict.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk