Tuesday, April 30, 2013

News Update: 30th of April 2013

WELCOME to this week's Family Lore News Update.

Girl, 14, forced to become pregnant with donor sperm bought by mother
A mother forced her 14-year-old adopted daughter to inseminate herself with donor sperm to provide a baby for her after she was prevented from adopting any more children, it can be revealed. The A Council v M & Ors case - see below. Full story: The Guardian.

Second marriages are less likely to end in divorce than first
The Marriage Foundation think-tank has produced a report revealing that second marriages are more stable than first marriages, challenging the widely held belief that couples who remarry are doomed to repeat the mistakes from their first marriage. Full story: The Marriage Foundation.

Tax breaks for married couples 'in force by 2015 election' promises Cameron
Tax breaks for married couples will be introduced within the next two years, David Cameron pledged today following Conservatives accusations that he is failing to support family life. Full story: The Independent.

Short term planning is damaging child protection services, says Action for Children
The early intervention by local authorities to ameliorate acute family problems, such as neglect or family breakdown, with effective support is being compromised by short term planning, according to a new report published by the charity, Action for Children. Full story: Family Law Week.

Major bank dragged into Scot Young divorce battle
A major British bank that received billions of pounds from the taxpayer has been dragged into Britain’s most high-profile and bitter divorce. Full story: London Evening Standard.

Law Society launches surveys on the impact of LASPO
Surveys for ‘complex’ family law cases and domestic violence matters. Full story: Family Law Week.

'Cruelly deceived' father who only learned he had a son when he was four is banned by courts from seeing him after he was adopted
A 'cruelly deceived' father who has never seen his five-year-old son today had his hopes dashed of building a relationship with the boy. The C (A Child) case - see below. Full story: Daily Mail.

Councils praised for 45% rise in children placed for adoption
The number of children placed for adoption in England has nearly doubled over the last year, according to research by the Association of Directors of Children's Services. Full story: Community Care.

Thousands of children in care go missing every year
Nearly 3,000 children placed in care were repeatedly running away last year, with one able to go missing a total of 67 times in twelve months, figures released today reveal. Full story: The Independent.

‘Child Poverty Act framework needs to be supplemented, not replaced’
Social Mobility and Child Poverty Commission publishes response to government’s consultation. Full story: Family Law Week.

President's Guidance of April 2013: Communicating with the Home Office in Family Proceedings
The 'Communicating with the Home Office in Family Proceedings' protocol enables the family courts to communicate with the Home Office (UK Borders Agency and Identity and Passport Service) to obtain immigration, visa and passport information for family court proceedings. Full story: Family Law.

A Council v M & Ors (Judgment 1: Fact-Finding) [2012] EWHC 4241 (Fam) (08 March 2012)
Care proceedings in respect of four children, one of whom was the son of the eldest child. Fact-finding hearing. Full report: Bailii. See also the top news story, above.

A Council v M & Ors (Judgment 2: Welfare) [2012] EWHC 4242 (Fam) (17 July 2012)
Care proceedings. Welfare hearing in respect of two of the four children involved. Full report: Bailii.

A Council v M & Ors (Judgment 3: Reporting Restrictions) [2012] EWHC 2038 (Fam) (20 July 2012)
Care proceedings. Judgment in respect of application for reporting restriction. Full report: Bailii.

CR v MZ [2013] EWHC 925 (Fam) (13 February 2013)
Judgment in financial remedies application dealing with preliminary issues relating to the ownership of the former matrimonial home. Full report: Family Law Week.

C (A Child) [2013] EWCA Civ 431 (25 April 2013)
Child placed for adoption. Father then found out that it was his child, and applied to be joined in adoption proceedings. His application was refused, and he appealed. Appeal dismissed. Full report: Bailii. See also the news story above, and the post by suesspiciousminds, below.

Re T (Contact: Application to Replace Indirect Contact with Supervised Contact)
Appeal by father after court replaced supervised contact with indirect contact. Appeal allowed. Report: Family Law.

Re Y and Z (Minors) [2013] EWHC 953 (Fam) (25 April 2013)
Care proceedings. Judgment concerning question of whether the children should be tested for Huntington's disease. Full report: Family Law Week. See also the two blog posts, below.

MO v Ro & Anor [2013] EWHC 392 (Fam) (01 March 2013)
Application for a declaration of marital status under section 55(1)(a) of the Family Law Act 1986. Held that the parties did not participate in a ceremony of marriage. Full report: Bailii.

Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam) (22 February 2013)
Application for care orders in case involving apparent non-accidental injuries to two of the three children. Held that the threshold conditions were not crossed, and the application was therefore dismissed. Full report: Bailii. See also my post, below.

Semaan v Taktouk [2013] EWCA Civ 378 (27 March 2013)
Applications by husband for permission to appeal against orders made in financial remedy proceedings. Applications adjourned. Full report: Family Law Hub.

M (Children) [2013] EWCA Civ 388 (20 March 2013)
Appeal by father against findings of fact in contact proceedings. Appeal dismissed. Full report: Family Law Hub.

Curran v Collins [2013] EWCA Civ 382 (22 January 2013)
Application for permission to appeal against finding that the appellant had no interest in either the property where she lived with the respondent, or the business carried on there. Application granted. Full report: Family Law Hub.

I am suspicious of Jeremy Kyle…
Amy sanders considers the possibility of lie detector tests being used in family proceedings. Full article: Family Law.

Stare decisis does not apply where statute overrides
"Two recent decisions of the Court of Appeal have allowed appeals in family law cases on grounds that the principle of stare decisis did not apply because decisions of the court below were wrong." Says David Burrows in this article on Family Law.

Child Support: Here Comes the New Gross Income Scheme
Jody Atkinson TEP, barrister at St John’s Chambers, Bristol considers the new Child Support Gross Income Scheme, in this article on Family Law Week.

Lord McNally’s Local Family Justice Board speech
Reform of the family justice system. Originally given at The Grange Holborn Hotel, London. Full article: GOV.UK. See also the post by Marilyn Stowe, below.

Genetic testing of children up for adoption
A discussion of Y and Z (Children), 25 April 2013 [2013] EWHC 953 (Fam) [above]. Full post: UK Human Rights Blog.

Justice Minister Lord McNally: cutting costs in family law
"I couldn’t believe my eyes when I read a certain speech by Lord McNally" [above], says Marilyn Stowe, in this post on the Marilyn Stowe Blog.

Devon County Council v EB & Ors (Minors): Final observations of Mr Justice Baker
I do not propose to summarise this case [see above], just to set out the final observations made by Mr Justice Baker at the end of his judgment, which I think are of particular note. Full post: Family Lore.

Huntingdon’s disease and testing children
A heartbreakingly sad, but interesting High Court case (Re Y and Z (Minors) 2013) [above] recently grappled with a very difficult issue. Full post: suesspiciousminds.

In with the in-crowd: the Hague Abduction Convention gang grows...
Duncan Ranton looks at developments in Japan and Pakistan, in this post on Family Matters.

Avoiding catastophes
The peculiar, and desperately sad, case of Re C (A Child) 2013 [above]. Full post: suesspiciousminds.

Stick to the day job
Lucy Reed explains why people who work with children should have a basic knowledge of parental responsibility. Full post: Pink Tape.

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