‘An Aboriginal father has defeated his children’s grandparents in his legal fight to return the infants to his native Australia after their mother died in the UK.’
Full story
Daily Telegraph, 11th February 2015
Source: www.telegraph.co.uk
‘The Upper Tribunal has upheld a local authority’s appeal in the lead case on the application of the “bedroom tax” to the shared residence of a child.’
Local Government Lawyer, 10th February 2015
Source: www.localgovernmentlawyer.co.uk
‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’
Family Law Week, 28th January 2015
Source: www.familylawweek.co.uk
‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’
UK Human Rights Blog, 29th October 2014
Source: www.ukhumanrightsblog.com
‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’
Family Law Week, 12th August 2014
Source: www.familylawweek.co.uk
‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’
Family Law Week, 6th August 2014
Source: www.familylawweek.co.uk
In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101; [2014] WLR (D) 343
‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
‘Speech by The Rt Hon Sir Andrew McFarlane: The Hershman Levy Memorial Lecture 2014 – Association of Lawyers for Children.’
Judiciary of England and Wales, 26th June 2014
Source: www.judiciary.gov.uk
‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’
Family Law Week, 23rd April 2014
Source: www.familylawweek.co.uk
‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’
WLR Daily, 8th April 2014
Source: www.iclr.co.uk
‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’
No. 5 Chambers, 25th March 2014
Source: www.no5.com
‘A woman has lost custody of her two sons after a judge said she had “significantly failed” the children through permissive parenting, accepting the argument that she acted “more like a friend than a parent” to the two boys.’
The Guardian, 17th February 2014
Source: www.guaridan.co.uk
‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’
New Law Journal, 22nd January 2014
Source: www.newlawjournal.co.uk
‘In relation to an adolescent child, is the state of mind of the child relevant to whether or not habitual residence has been acquired in the place where the child is living?’
Sovereign Chambers, 20th January 2014
Source: www.sovereignchambers.co.uk
‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’
WLR Daily, 15th January 2014
Source: www.iclr.co.uk
In the matter of LC (Children)In the matter of LC (Children) (No 2) [2014] UKSC 1
Supreme Court, 15th January 2014
“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”
Family Law Week, 18th September 2013
Source: www.familylawweek.co.uk
In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)
Supreme Court, 9th September 2013
“Re A (a child) [2013] EWCA Civ 1104. Appellate judges are obliged to review systemic failings in the family justice system as a whole, not just the merits of the trial judge’s determination, particularly where the process has deprived the parties of their rights to procedural fairness under Articles 6 and 8. Whilst this particular appeal was not ‘a fitting vehicle to enable a root and branch appraisal of the procedural history of this protracted case’, McFarlane LJ has taken the opportunity to give full voice to the ‘profound feeling of failure’ felt by Court on the part of the Family Justice system.”
UK Human Rights Blog, 9th September 2013
Source: www.ukhumanrightsblog.com
“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”
Family Law Week, 15th August 2013
Source: www.familylawweek.co.uk
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