Family Law Archive - 2016 - Page 7

Found 160 matches. Showing page 7 of 16.

The importance of 'habitual residence' in child abduction

21st June 2016

Earlier this year, the Supreme Court allowed an appeal by the non-biological mother of a child. The Court held that the unilateral removal of the child to Pakistan by the biological mother did not cause the child to lose her status as habitually resident in England. Therefore, the English courts retained full jurisdiction to make... Read More

Repeat removals of children: breaking the cycle

20th June 2016

A mother in Newcastle has had 17 children taken into care by social services over a 30-year period, a new report by Barnardo’s charity Pause has revealed. The charity “works with women who have experienced…repeat removals of children from their care. It aims to break the cycle.” Pause has stated that women in these... Read More

The fallibility of human justice: birth parents acquitted of abuse after their child is adopted

16th June 2016

Sir James Munby, President of the Family Division, has ordered a full re-hearing of a care and placement application made by a local authority in 2013 regarding a child who has since been adopted. Shortly after the child’s (‘X’) birth in 2012, care proceedings and an application for a placement order were issued by the... Read More

Birth parents seek to overturn adoption order after acquittal

16th June 2016

Sir James Munby, President of the Family Division, has ordered a full re-hearing of a care and placement application made by a local authority in 2013 regarding a child who has since been adopted. Shortly after the child X's birth in 2012, care proceedings and an application for a placement order were issued by the local authority. At a... Read More

IVF clinic admin blunders result in lack of legal parent status

15th June 2016

The judgments of Sir James Munby, President of the Family division, in Case N and Case J were read in open court last week, granting a declaration of parentage and parental rights. This comes after IVF clinics failed to check that all forms were filled in correctly prior to the births, which would ensure that the partner of the woman undergoing... Read More

Reviews of children’s social care and surrogacy laws proposed by Law Commission

15th June 2016

The Law Commission has identified the practice areas of English law that their “experience and discussion with stakeholders suggest may require reform”. In addition to publishing their proposal, the Commission is inviting members of the public to contribute their opinions regarding the findings -specifically, what they think should be included... Read More

Portugal struggles for surrogacy rights

14th June 2016

Portugal’s president, Marcelo Rebelo de Sousa, vetoed a law on Tuesday authorising surrogacy for couples who cannot otherwise conceive. The legislation had supporters from the left and right, originally passing by a slim majority in May. The president’s office stated that the law did “not conform to the conditions set out... Read More

Father loses appeal against returning son to ‘abductor’ mother

13th June 2016

The Court of Appeal, at the end of May, dismissed a father’s appeal against an order that his 3-year-old son be returned to live with his mother who had previously "abducted" the child to Malta for a year. The parents’ relationship broke down in 2013, not long after the birth of their child ‘S’. In August... Read More

Litigants in person lose parental rights

10th June 2016

Sitting in Peterborough Family Court last month, Judge Greene ruled that an 8 month-old girl ‘Z’ be permanently removed from her parents and put up for adoption, after Cambridgeshire County Council expressed concerns as to the parents’ ability to care for her needs. Proceedings were brought by the local authority shortly... Read More

No breach of human rights in excluding father from his daughter’s life, ECHR rules

10th June 2016

The European Court of Human Rights determined earlier this year that the Court of Appeal in Germany was right to exclude the applicant father Mr Buchleither from his daughter’s life indefinitely. The child in question was born in June 2003, and the parents separated shortly after her birth, with the mother retaining sole parental... Read More

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