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Family Law Archive - August 2017

Found 13 matches. Showing page 1 of 2.

Burning bridges: abducted UK children at greater risk if UK cuts legal ties with EU

As Brexit talks continue, government officials have warned that parents will find it more difficult to recover abducted children back to the UK if an agreement to continue legal cooperation is not reached. If a deal is not struck prior to the UK's departure from the EU, the UK courts would be left in the uncertain position of having to rely on... Read More

A brief history of wardship

Broadly defined as the power of the state to protect the interests of vulnerable people—usually children—by assuming control over their affairs, wardship is a centuries-old legal concept. Today, if a child is found to be at-risk, the High Court may, in rare cases, exercise its inherent jurisdiction and make them a ward of court. This means... Read More

Couple takes battle to legalise heterosexual civil partnerships to the Supreme Court

After suffering a fresh defeat in the Court of Appeal back in February, a heterosexual couple who wish to enter into a civil partnership have been given the green light for their case to be heard in the Supreme Court of England and Wales. Charles Keidan and Rebecca Steinfeld first sought to become civil partners in 2014, despite the fact that, per... Read More

Reconciling religion and the constitution: a brief overview of family law in Tunisia

It is hardly a coincidence that Beji Caid Essebsi, President of Tunisia picked 13 August to announce a review of the nation's inheritance law. This was National Women's Day, a Tunisian public holiday celebrating the anniversary of the promulgation of the Code of Personal Status. The Code was enacted by beylical decree in 1956 and... Read More

House of Commons briefing paper: single people have right to obtain parental orders for surrogate children

Yesterday, the House of Commons Library published a briefing paper titled ‘Children: surrogacy, and single people and parental orders (UK)’. The paper provides a helpful definition of what a parental order is, what the current law is surrounding them and how it may change. The remedial order aims to make it possible for single people, not... Read More

Judge reluctantly grants children indirect contact with father in Q v R

In the protracted case of Q v R, Her Honour Judge Vincent was torn between the wishes of two children not to see their father and the obvious benefits of promoting a healthy paternal relationship. The mother was deemed to have cultivated and rehearsed a narrative portraying the father as harmful to their two boys, aged 8 and 12. Ultimately, Judge... Read More

AM v DF: clarifying the law around the temporary removal of children from the jurisdiction to a non-Hague Convention country

In AM v DF, Baker J considered the father’s appeal against the varying of a prohibited steps order which would allow the mother to take their children on holiday to Iraq. Baker J noted the case law concerning the temporary removal of children to a non-Hague Convention country and provided a useful summary as to the correct judicial approach in... Read More

Child better served by British rather than Indian nationality, court rules in Re K (A Child)

Mr Justice Bodey has granted a mother permission to proceed with an application on behalf of her child for British citizenship. In a pioneering judgment, in which he considers the concept of ‘nationality’, Mr Justice Bodey concluded that having British nationality will not “impinge on her sense of being an Indian girl”... Read More

A glance at Lady Hale and her impact on family law

On 2 October 2017, Baroness Hale of Richmond will succeed Lord Neuberger of Abbotsbury as President of the UK Supreme Court. Deputy President of the Supreme Court since June 2013, Lady Hale was the first woman in the Supreme Court, and at the time of her appointment, the Court’s only family law specialist. She has played a major role in the... Read More

NHS placement confirmed for suicidal teen girl at the centre of damning judgment from Sir James Munby

A safe bed has been found for a 17-year-old girl with significant mental health issues days after Sir James Munby, who presided over the case, decried the lack of provision for her. The case prompted a flood of media outrage, reigniting the conversation over the services (or lackthereof) available for vulnerable young people in the UK... Read More
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