Monday, May 23, 2016

News Essentials: 23rd May 2016

A brief summary of the essential family law news and cases from the last week:

President declares that UK law should give single parents through surrogacy the same rights as couples
Sir James Munby, the President of the High Court Family Division, has made a formal declaration that UK law discriminates against single parents with children born through surrogacy and is incompatible with their human rights. Full story: Family Law. See Z (A Child) (No 2), below.

Public Guardian practice note: Family care payments
The Office of the Public Guardian has published a practice note on family care payments, also known as gratuitous care payments. Full story: Family Law.

Guidance: Liaison between Courts in England and Wales and British Embassies and High Commissions Abroad
This guidance note describes procedures which are to be followed when a court in England and Wales exercising family jurisdiction seeks to invoke diplomatic assistance. Full story: Courts and Tribunals Judiciary.

Adoption law reform aims to speed up placements
A shake-up of adoption rules in England aims to move more children more quickly from the care system to family life. Full story: BBC News.

Council to pay £17,500 damages to 14 year old for human rights breaches
A High Court judge has ordered a county council to pay £17,500 in damages to a 14-year-old girl in care for breaches of her human rights. Full story: Local Government Lawyer. See Kent CC v M and K (Section 20: Declaration and Damages), below.

‘Private matter’ boy shared with social worker should be withheld from parents, judge rules
Court finds sharing "very private" information against wishes of boy involved in care proceedings could damage his trust in professionals. Full story: Community Care. See Local Authority X v HI & Ors.

Evidence obtained illegally in family and civil proceedings
Bar Council issues revised advice. Full story: Family Law Week.

Z (A Child) (No 2) [2016] EWHC 1191 (Fam) (20 May 2016)
Surrogacy. Father refused parental order on the basis that the court cannot make an order on the application of a single parent. Application for a declaration of incompatibility. Full report: Bailii.

Davies & Anor v Davies [2016] EWCA Civ 463 (19 May 2016)
Appeal by parents against amount of award to daughter in respect of successful proprietary estoppel claim. Full report: Bailii.

E (A Child) [2016] EWCA Civ 473 (19 May 2016)
Appeal against findings of abuse made against a father and his teenage son in the course of care proceedings. Appeal allowed. Full report: Bailii.

Kent CC v M and K (Section 20: Declaration and Damages) [2016] EWFC 28 (13 May 2016)
Judgment dealing with final hearing of care proceedings concerning a 14 year old girl, and a claim on her behalf that the LA had breached her Art 6 & Art 8 rights. Full report: Bailii.

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For more news, see here.

For more cases, see here.

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