Tuesday, September 04, 2012

News Update: 4th September 2012


WELCOME to the Family Lore News Update.

Items already covered in separate posts since the last update:

NEWS
Fostering system in crisis, it is claimed
Daily Telegraph article vividly describes the fostering regime creaking at the seams. Full story: Family Law Week.

French same sex couple fail in ECtHR discrimination claim on grounds of refused adoption
In Gas and Dubois v France Application no 25951/07 15th March 2012, the European Court of Human Rights has rejected the claim by a French couple that French law, which does not allow 'simple adoption' by parties to a civil partnership, has infringed their Article 8 rights. Full story: Family Law Week.

Schools to get £1,000 bonus for taking on children in care
Schools could receive more than £1,000 in extra funding for each child in care that they teach, under proposals being considered by Downing Street. Full story: The Telegraph.

LSC issues family guidance for very high cost cases
The Legal Services Commission has made changes to the family documents for very high cost cases. Full story: Family Law Week.

Prior authorities for civil experts – LSC revises processing system
The Legal Services Commission will refuse all applications sent to its Cardiff office for prior authority sought at the codified rate from 1 October 2012, on the basis that authority is not required, unless the number of hours requested is unusually large. Full story: Family Law Week.

British couple expecting child after using Indian 'baby factory'
A British couple are expecting a child by a surrogate mother from an Indian "baby factory", it was reported today. Full story: The Independent. See also the post by Marilyn Stowe (below).

ADCS brands plans to reduce child protection guidance 'detrimental'
The Association of Directors of Children’s Services has warned that government plans to reduce child protection guidance could be “detrimental” to professionals’ ability to safeguard children. Full story: Children & Young People Now.

Force feeding not in ‘best interests’ of anorexic woman, Court of Protection rules
The Court of Protection has ruled that an anorexic woman, who weighs only three stone two pounds, should not be force fed. Full story: Solicitors Journal.

Judge takes robust approach to reality of company shares in financial remedies case
Macur J rejects arguments for departure from principle of equality in financial remedies case and rules that the husband’s shareholding was by no means illiquid. Full story: Family Law Week.

PRACTICE GUIDANCE
General Medical Council guidance: Protecting Children and Young People
In July 2012, the General Medical Council issued guidance for doctors on protecting children and young people from abuse and neglect. Practice Guidance: Family Law. See also this article on Family Law Week.

CASES
Re S (Declaration of Parentage) [2012] EWCA Civ 1160 (23 August 2012)
Father murdered mother. Appeal by father against refusal of declaration of paternity. Appeal allowed. Report: Family Law.

K (Children), Re [2012] EWCA Civ 1169 (30 August 2012)
Application by mother and stepfather for permission to appeal against interim care order removing the child from their care and placing him with the maternal grandparents, and a special guardianship order made in favour of the maternal grandparents. Application granted. Full report: Bailii. See also my post (above) and the post by suesspiciousminds (below).

Carlson v Switzerland ECHR (App No 49492/06) (6 November 2008)
American father issued Hague proceedings for the return of the child from Switzerland. The application was refused 4 months later on the grounds of consent. The father successfully claimed the proceedings had breached his Art 8, European Convention rights and had been unjustifiably delayed. Report: Family Law. Full report: ECHR.

ARTICLES
International Children Law Update: August 2012
Jacqueline Renton of 4 Paper Buildings, reviews the latest key decisions in international children law. Full article: Family Law Week.

Napoleon Bonaparte and the Queensland Gold Coast
"I had the considerable privilege of being invited this summer by the Queensland Law Society to be the international keynote speaker at their residential annual family law conference in mid-August, which took place on the Gold Coast, south of Brisbane." Writes David Hodson on Family Law.

BLOGS
Maybe baby: commercial surrogacy and the Subcontinent
Marilyn Stowe looks at the rise of multinational surrogacy arrangements and asks whether it is time to take another look at British surrogacy laws. Full post: Marilyn Stowe Blog.

Who’s the daddy?
Marilyn Stowe considers applications for declarations of paternity, and two recent cases. Full post: Marilyn Stowe Blog.

A continental perspective and a shuttlecock baby
"Sometimes couples naively think that having a child together will cement their relationship when nothing could be further from the truth, particularly when they are trying in vain to live together in their respective countries and failing spectacularly in both, as a couple discovered in the newly published case of Re L [ 2012] EWCA Civ 1157." Says Marilyn Stowe in this post.

I’ve got (section) thirty seven problems, but a ***** ain’t one
A discussion about section 37 of the Children Act 1989 and the pending appeal on Re K (Children) [2012] EWCA Civ 1169. Full post: suesspiciousminds.

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