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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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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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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Granny power!

In a sweeping review of the family justice regime commissioned by the Government, it is being recommended for the first time that separating parents be expected to ensure that grandparents continue to have a role in the lives of their grandchildren. Nick Clegg, Deputy Prime Minister last year said it was “crazy” that millions of grandparents lose [...]

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Congratulations on your new arrival, now about a divorce….

In a major review of the family justice system, former civil servant David Norgrove has suggested that upon new parents attending to register the birth of their child, that they be provided with a leaflet spelling out their parental responsibilities, in case of divorce or separation. Parental responsibility is a term under the Children Act 1989 that sets [...]

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