Archive of Family Materials - March 2006
Materials published by us on 30 March 2006
Report: Lord Justice Wall on child homicides
24 March 2006
This report was prepared by lord Justice Wall in response to a
report published by Women's Aid on 29 children killed by their
fathers at the end of their parents' relationships. The report
assesses whether the courts and judiciary were in any way to blame
for the tragedies that occurred.
"I recommend that you invite the Family Justice Counsel
(Council?)to consider and to report to you, in a multi-
isciplinary context, on the approach which the courts should adopt
to proposed consent orders in contact cases where domestic
violence is in issue. Possible terms of reference would be those
set out by the judge in the case of TB, namely:
"This tragic case raises a difficult question. When is it
appropriate for a judge to refuse to approve a consent order
agreed between well represented parents as to arrangements for
their children, in circumstances when the court has not made any
findings as to cross-allegations of domestic violence? I think
the lesson to be learned is that there are some cases when the
court should decline to approve an agreed order until it has heard
evidence, and made findings. The difficulty is spotting such
cases, particularly if the family court advisor is neutral, or
largely supportive of contact." "
Separate Representation Of Children In Private Cases
------------------------------------------------------
"Research into the operation of Rule 9.5 of Family Proceedings
Rules 1991"
DCA Report
http://www.dca.gov.uk/majrepfr.htm
Sets out recommendations for improving the facilities available to
children who need separate representation.
An Investigation of CSA Maintenance Direct Payment
------------------------------------------------------
DWP Press Release
21 March 2006
At present, child maintenance payments can be paid in two ways:
the Collection Service (CS), where payments are processed by the
CSA; or Maintenance Direct (MD), where the non-resident parent
(NRP) makes payments to the parent with care (PWC) directly. The
research study examined the extent to which MD may be appropriate
for CSA clients and the influences and experiences that may impact
upon parental decisions to adopt such a payment method.
Materials published by us on 23 March 2006
Emergency Protection Orders
Re X: Emergency Protection Orders
Fam Div
16 March 2006
BAILII Judgment
"At the time that the meeting concluded there was no suggestion
from the social workers, or any other professional attending the
case conference, that the child should be removed from her
parents' care – either immediately or at all. Within two hours of
the case conference concluding, however, the social work team
leader was giving evidence before a bench of lay justices in
support of an application for an Emergency Protection Order
('EPO'). That application was made without any notice to the
parents. The justices granted an EPO. At that time the mother and
child were at a local hospital, to which the mother had taken the
child for a check up because the child was complaining of
abdominal pain. The social workers, accompanied by four uniformed
police officers, attended the hospital and removed the child from
her mother's care. She was placed in foster care, in which state
she remained (with a number of changes of carers) for the
following 14 months under a series of interim care orders. In the
course of the hearing I investigated how such a Draconian order
came to be granted in a case which, up until that time, had been
one where low level intervention by way of assessment and
counselling had been the agreed plan. As a result of that
investigation I have found significant flaws in the manner in
which the system operated by the social services and the family
justice system itself impacted upon this family. There is in my
view a public interest in wide publicity being given to what took
place in this case in the hope that lessons may be learned to
ensure that what befell this family is not repeated elsewhere.
Mr Justice McFarlane goes on to give detailed Good Practice
Guidelines about EPO's.
Materials published by us on 16 March 2006
Human Rights - Child Support Discriminatory?
M v Secretary of State for Work and Pensions [2006] UKHL 11
HL
8 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.5.htm
House of Lords Judgment
http://digbig.com/4gsey
A divorced parent who was living with a same-sex partner was not
being discriminated against so as to be denied her rights to
respect for her private and family life and to protection of
property by her having to pay higher child support contributions
than she would have had to pay if she had been with a heterosexual
partner.
Practice Direction (Ancillary Relief: Costs)
Fam. Div
20 February 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/FAM/mar0.1.htm
Guidance on the use of the new "no costs" rules which come into
force on 3 April 2006.
Sex Advice for Children
The Queen on the application of Sue Axon v The Secretary of State
for Health (The Family Planning Association: intervening)
[2006] EWHC 37 (Admin)
Heard on 23 January 2006
Judgment published now
BAILII Judgment
http://digbig.com/4gsfa
If only all judges gave an index like description of their
judgments. This is worth reading just for that. Doctors have no
duty to tell a child's parents about advice given relating to
sexual matters in some circumstances. "The conclusions of the
judgment are set out in paragraphs 153 to 155 of the judgment and
the circumstances in which a medical professional can provide
advice and treatment on sexual matters to a young person without
parental knowledge and consent are set out in paragraph 154 of the
judgment. The claim has to be dismissed as the claimant is not
entitled to the relief claimed, particularly in the light of the
decision in Gillick, by which I am bound."
Materials published by us on 9 March 2006
Family Law: Encouraging A Cooperative, Consistent Approach
Law Society Press Release28 February 2006
The Law Society is launching the indispensable second edition of
the Family Law Protocol today. The motivation behind developing
the first edition was to encourage all family practitioners to
adopt a cooperative approach to family law and improve consistency
of practice across the profession.