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Family Law Archive - 2017 - Page 2

Found 117 matches. Showing page 2 of 12.

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... 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

Mother imprisoned after breaching court orders to make allegations against child's father

The most recent proceedings in Gibbs v Gibbs, a dispute which has been in and out of the courts since 2001, concerned a committal application made against the mother for breach of court orders prohibiting her from disclosing or publishing her allegations against the father. In his judgment dated 29th June 2017, Mr Justice Hayden commented that the... Read More

Child relocation in CL v AL [2017]

CL v AL, a case heard at the Royal Courts of Justice in August 2017, concerned the issue of whether two children should be living in the UK with their father or in Australia with their mother. The facts The children involved, aged 13 and 10, both have dual British and Australian nationality. The parents married in the UK before moving to Australia... Read More
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