A County Council v K and others [2011] All ER D – the independence of guardians

In this care case the court objected to and intervened in an attempt by CAFCASS to unilaterally decide to de-appoint a guardian. The court also raised concerns about a joint approach to the court by CAFCASS and the local authority to ask the court to reconsider an earlier decision not to remove a child into [...]

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New Draft GMC Guidelines on Child Abuse

The General Medical Council (“GMC”) states that “doctors play a crucial role in protecting children from abuse and neglect” but just how far does this role extend? Anyone who has been involved in a case involving child abuse will be aware that this is a highly sensitive area beset with difficulties from the start. In [...]

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Registered partners and EU (dis)harmony

Mention the doings of the EU and most people’s eyes roll upwards or glaze over, particularly if it is a topic headed, snappily “Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships”.  Despite this common reaction, sometimes the EU takes on difficult [...]

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Young love- will it all end in tears?

Although the overall number of divorces in England and Wales in 2009 fell to its lowest level since 1974, the divorce rate among 25-29 year olds was twice the national average. This latest information from the Office of National Statistics suggested that couples in their 20′s were the most likely group to divorce. As couples were [...]

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Mediation- the story so far….

The new changes in the way in which contested applications are to be dealt with are receiving the thumbs up from those in Manchester. The new rules mean that anyone setting out to contest the terms of their separation must first consider mediation. Mediators in Manchester have informed Justice Minister Jonathan Djanogly that early signs indicate that a [...]

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Relocation Relocation

 The last year has seen considerable debate surrounding the English Courts’ approach to leave to remove applications.  The law, as it stands, was set out by the Court of Appeal in Payne v Payne [2001] 2 WLR 1826.  In a nutshell, Payne provides that if the relocating parent has a feasible plan and a genuine motive [...]

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ETK v News Group Newspapers Ltd Times 22 April 2011

The recent spate of cases involving privacy injunctions and so-called “ super injunctions” has caused a flurry of responses ranging from the indignant to the holier than thou. All social commentators appear to have a view on the subject and indeed even the Prime Minister has felt the need to comment on what is – by [...]

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A DISTINCTION WITHOUT A DIFFERENCE?

  The recent Supreme Court judgment in Re W (Children) [2010] UKSC 12, reformulated the Court’s approach to determining whether a child should give live oral evidence in family proceedings. In short, the Supreme Court removed the existing (and rarely rebutted) presumption that, other than in exceptional circumstances, the potential damage to the child is [...]

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ETK v News Group Newspapers – the right to privacy

Its been two years since accredited journalists were allowed to attend thousands of divorce and custody hearings, and cases about children in care, previously been held behind closed doors. Many clients are understandably anxious about the proceedings being officially open to the public – although the reality is that journalists rarely want to attend a [...]

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From Cardiff with Love

To Cardiff for the 23rd National Resolution conference where family lawyers met to debate and discuss recent changes and issues in family law. High up on the agenda was the impact on the recent cases of Imerman v Tchenguiz [2010] EWCA Civ 908 [2010] 2 FLR 814. A workshop by Harry Oliver and Christopher Pocock QC of 1 King’s Bench [...]

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Refugee Children’s Rights Project

Yesterday I attended the launch of a new project which aims to promote refugee children’s access to justice. These are children who find themselves in situations where no one is exercising parental responsibility for them. The well attended event heard from Roland Schilling UK Representative of the United Nations High Commissioner for Refugee Rights. He [...]

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What’s in a name?

Apparently, an estate worth £486,000. Melita Jackson, who died in 2004 left her entire estate to animal charities, cutting out her only daughter Heather Illott. Why you ask? As she did not agree with the choice of name for her 5th grandchild, Ellen, named after the deceased’s sister-in-law whom, you’ve guessed it, she did not like. Mrs Illott in [...]

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From Russia with love, or not

A Russian student has been awarded £2.8 million in a divorce settlement after an 18 month marriage. Elena Golubovich a 27-year-old fashion student married Ilva Golubovich, an international financier in August 2007. The couple, from rich Russian families, separated in July 2009 but not before they managed to spend £2million during the course of their marriage, which also [...]

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