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Family Law Archive - May 2016

Found 15 matches. Showing page 1 of 2.

Widow challenges French law against impregnating herself with a dead man’s sperm

Maria Gonzalez, a Spanish widow, has asked the French government to surrender her deceased husband’s sperm so that she may bear his child. However, it is illegal in France to use a dead man’s sperm for insemination. Gonzalez’s husband, Nicola Turri, had his sperm frozen in 2013 after he was diagnosed with cancer. His... Read More

Father spies on daughter during residence dispute

A father planted listening devices on his primary school-aged daughter’s clothing to record her conversations with a social worker as well as her day-to-day activities. The bugs were discovered during a residence dispute: the child lived with her father and his partner, but the father had been asked to decide whether she should move in... Read More

Parental order granted for same-sex couple despite surrogacy ban

Mrs Justice Theis, sitting in the Royal Courts of Justice earlier this year, granted a parental order to a same-sex couple in the UK, concerning a child ‘X’ born by a gestational surrogate in Nepal where commercial surrogacy is banned. The applicants, CH & NM, are civil partners who had a child, ‘Y,’ through... Read More

When can or should a child be deprived of liberty?

The question of whether a child should ever be deprived of his liberty for his own safety must always remain a deeply fraught one. It is highly instructive to follow the workings of the courts here, and to see how Human Rights legislation works with UK law to promote the best possible outcome for a vulnerable child. Sitting in the Family... Read More

Human rights breaches and the care system

Mrs Justice Theis, sitting at the Royal Courts of Justice last Friday, ordered Kent County Council to pay costs and £17,500 in damages to a fourteen-year-old girl (‘K’) after it took three years to assess her needs. The child, K, was placed into foster care in December 2011 under s.20 Children Act 1989 and with the mother’s consent. K had... Read More

Marriage, divorce and millennials: long distance marriages

Many things have changed since the baby boomers were the age millennials are now. We’ve looked at how the rise of social media has effected marriage and divorce, as well as the impact of recent global economic downturns on when couples choose to marry. Both of these are indicators of a larger phenomenon, though, and that is the fact that... Read More

Another family law app promises to relieve pressure on the courts

The digital revolution continues its unstoppable march into the courtroom. An Australian start-up has developed an app which purports to assess the chances of spouses succeeding in a financial settlement or child custody action. Across the world, rising costs of litigation (both in terms of representation and legal fees), have contributed to the... Read More

Redefining the traditional family: Lucy Liu’s gestational surrogacy

Actress Lucy Liu had her son through gestational surrogacy, where an embryo made from the intended parents’ ova and sperm through in vitro fertilization is implanted in a surrogate. “It just seemed like the right option for me because I was working and I didn’t know when I was going to be able to stop,” the Elementary... Read More

Double standards in Australian attitude to commercial surrogacy

A government report has supported recent calls to ban commercial surrogacy across Australia. The Senate committee supports altruistic surrogacy, but not its commercial equivalent. While the committee was firm on domestic matters, international surrogacy posed more of a problem. The committee argued that Australia is powerless to stop the... Read More

Virginia now recognises the legal status of same-sex cohabitation

In a ruling last week the Supreme Court of Virginia recognised the legal status of same–sex relationships and cohabitation, enabling a man to cease paying alimony to his ex-wife who is now engaged to another woman. The Supreme Court had ruled in 2014 that the State’s ban on same-sex marriage was unconstitutional, so this latest... Read More
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