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Family Law Archive - November 2017

Found 13 matches. Showing page 1 of 2.

Convicted sexual abuser still has parental responsibility

A man convicted for sexually abusing his own children has maintained parental responsibility over them, the BBC has reported. The man was sentenced to more than 12 years in prison for his crimes, has been placed on the sex offenders register for life, and is also banned from having any further contact with his children. Despite this, he is able to... Read More

MoJ warns on reliability of old forensic tests in family cases and issues guidance for concerned clients

The Ministry of Justice has announced that the government has been made aware that police are looking into the potential manipulation of forensic toxicology test results at two private companies, Trimega and Randox. The results from such tests are not uncommonly used in family law proceedings as expert evidence. The MoJ says that it recognises... Read More

Mother knows best? A closer look at the role of kinship carers

An estimated 200,000 children in the UK are raised by people other than their parents outside of the foster care system. Over 180,000 of these children are looked after by family members, and the rest by friends and neighbours, all of whom named ‘kinship carers’. For a long time, it has been assumed that it is most beneficial for children to... Read More

Re D (A Child): Can a parent give consent to a teenager's confinement?

In February 2017, the Court of Appeal was asked to consider, among others, the question of whether someone with parental responsibility can consent to a confinement that would otherwise be a deprivation of liberty for young persons (those aged 16 or 17). This case, Re D (A Child) EWCA Civ 1695, was an appeal from a local authority with regards to... Read More

The family courts, children and suspected trafficking

Re M (Children) (Suspected Trafficking - Competent Authority) EWFC 56, is a care proceedings case which involved the potential human trafficking of two children, aged two and four, who had been brought to the UK from Namibia by their grandmother. This case required the involvement of the Home Office’s “Competent Authority”, through a... Read More

Covert recordings in family proceedings

In the recent case of Re B (A Child) , the father of a girl, aged 11, in alleging that the mother had been deliberately alienating him, sought to rely on covert recordings of conversations with various parties, including a social worker, a Cafcass officer and a solicitor. In the first instance, his Honour Judge Bellamy considered the use of covert... Read More

Surrogate mother loses appeal to keep child after reneging on surrogacy agreement

A surrogate mother has lost the appeal to keep the child she delivered in a decision at the Royal Courts of Justice after the surrogacy agreement between herself and the intended parents broke down. The gay couple who were the intended parents and the gestational surrogate mother met online in April 2015 and proceeded to sign a surrogacy agreement... Read More

CAFCASS launches “ground-breaking” pilot scheme to crack down on parental alienation

The Children and Family Court Advisory and Support Service (CAFCASS) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied... Read More

Australia says 'yes' to same-sex marriage: what happens now?

Results of the landmark yet tremendously controversial national postal survey are in, and Australian citizens has overwhelming voted in favour of legalising same-sex marriage. David Kalisch, Head Statistician from the Australian Bureau of Statistics, announced on Wednesday morning that 7.8 million Australians (61.9% of voters) voted 'yes' to the... Read More

Father’s application to return daughter to US likely to succeed despite mother's strong defence in MA v RA

Mr Justice Holman has given a summary of the current state of the case of MA v RA heard on 27 October 2017 in the Royal Courts of Justice. The case, adjourned for a final hearing on 23 November 2017, concerns a father’s application for the return of his daughter to America where he and his son reside. The mother, now in England with the... Read More
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