Archive for the 'contact orders' Category

Principal Reporter v K and others – WLR Daily

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court backs boy who rejected father – The Independent

“A schoolboy who was told by a judge that he must live with the father he claimed to hate yesterday succeeded in forcing the High Court to reverse its decision.”

Full story

The Independent, 12th August 2010

Source: www.independent.co.uk

In re I (A Child) – WLR Daily

In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351

“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”

WLR Daily, 3rd December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fathers’ rights activist ‘elated’ – BBC News

“A fathers’ rights activist who handcuffed himself to a government minister during an eight-year campaign has won equal access to his daughter.”

Full story

BBC News, 3rd September 2009

Source: www.bbc.co.uk

In re B (Minors) (Contact order: Enforcement) – Times Law Reports

In re B (Minors) (Contact order: Enforcement)

Court of Appeal

“Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.”

The Times, 19th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re B (Minors) (Contact Order: Enforcement) – WLR Daily

In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73

A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was.”

WLR Daily, 2nd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

 

Children and Adoption Act – more flexible approach to resolving disputes in contact cases – Ministry of Justice

“New provisions in the Children and Adoption Act 2006, which come into force today, provide new ways to help the courts find solutions in contact cases where there is conflict between the parents about whom a child should see and how often.”

Full story

Ministry of Justice, 8th December 2008

Source: www.justice.gov.uk

Children and Adoption Act 2006: child-contact powers ‘could worsen parent wars’ – The Times

“New powers to stop warring parents using contact with their children as a weapon could backfire and inflame fraught family relations, according to judges and lawyers.”

Full story

The Times, 8th December 2008

Source: www.timesonline.co.uk

Practice Direction: Enforcement of Children Act 1989 contact orders: disclosure of information to officers of the national probation service – WLR Daily

Practice Direction: Enforcement of Children Act 1989 contact orders: disclosure of information to officers of the national probation service; [2008] WLR (D) 346

In order to ensure that an officer of the Service or a Welsh family proceedings officer would not be in contempt of court by virtue of disclosing information to an officer of the National Probation Service when a request was made under s 11L(5) or s 11M of the Children Act 1989 the court should give leave to the officer to make such disclosure.”

WLR Daily, 7th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Practice Direction: Applications in the magistrates’ court to enforce contact orders – WLR Daily

Practice Direction: Applications in the magistrates’ court to enforce contact orders; [2008] WLR (D) 345

Applications to enforce contact orders made in the magistrates’ courts are to be considered by family proceedings courts.”

WLR Daily, 7th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


More flexible approach to resolving disputes in contact cases – Ministry of Justice

“The Children and Adoption Act 2006 provides new ways to help the courts find solutions in contact cases where there is conflict between the parents about whom a child should see and how often.”

Full story

Ministry of Justice, 30th October 2008

Source: www.justice.gov.uk

Courts do not treat non-resident parents unfairly – report – Ministry of Justice

“An independent study published today shows that family courts are making great efforts with considerable success to secure child contact, following divorce or separation.”

Full press release

Ministry of Justice, 25th September 2008

Source: www.justice.co.uk

Fathers’ groups are wrong: most men are winning right to see children, study shows – The Times

“The vast majority of disputes between parents over contact with children end with fathers having access, contrary to claims by campaign groups, new research shows.”

Full story

The Times, 26th September 2008

Source: www.timesonline.co.uk

Penalties for partners who block child access – The Observer

“Separated husbands and wives who block their former partners from seeing their children could be forced to do community service under new laws coming into force in the autumn.”

Full story

The Observer, 7th September 2008

Source: http://observer.guardian.co.uk

Children and Adoption Act 2006 – Court Rules – Ministry of Justice

“This consultation seeks views on draft court rules and forms to support the implementation of the remaining provisions of the Children and Adoption Act 2006. These enable courts to use contact activities to help resolve child contact disputes and give them more flexible powers to enforce contact orders.”

Full story

Ministry of Justice, 7th May 2008

Source: www.justice.gov.uk

In re D (a Child)(Abduction: Rights of custody) (No 2) – Times Law Reports

In re D (a Child)(Abduction: Rights of custody) (No 2)

Court of Appeal

“A contact order which predated Romania’s accession to the European Union was not enforceable under Council Regulation 2201/2003 (Brussels II Revised) (OJ 2003 L33b/1).”

The Times, 9th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
 

Conciliation in court helps parents agree over child contact and residence – Ministry of Justice

“In-court conciliation helps separating parents to reach their own agreements about contact with their children, research commissioned by the Ministry of Justice reveals today.”

Full story

Ministry of Justice, 21st November 2007

Source: www.justice.gov.uk 

Judges back two British boys who refuse to live in France – The Times

“Two boys who hated living in France so much they asserted their Britishness and refused to return to live there with their mother have been granted their wish by senior judges.”

Full story

The Times, 8th November 2007

Source: www.timesonline.co.uk

In re A; HA v MB (Brussels II revised: article 11(7) application) – Times Law Reports

Seeking child’s return after foreign order

In re A; HA v. MB (Brussels II revised: article 11(7) application)

Family Division

“An order made on an application for contact in England under section 8 of the Children Act 1989 was not a judgment requiring the return of the child from outside the jurisdiction.”

The Times, 2nd November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

In re W (Children) (Permission to appeal) – Times Law Reports

Family jurisdiction role of the Court of Appeal explained

In re W (Children) (Permission to appeal)

Court of Appeal

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the judge’s order was plainly wrong.”

The Times, 2nd August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

In re W (Children) (Permission to appeal) – WLR Daily

In re W (Children) (Permission to appeal) 

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”

WLR Daily, 26th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges get tough on fathers’ rights to contact with children – The Guardian

“Senior judges have issued a strong warning to divorced and separated mothers that they risk losing the right to have their children live with them if they defy court orders and stop the children’s fathers seeing them. In two recent cases the court of appeal has upheld judgments moving children from their mother’s to their father’s home after the mothers flouted orders allowing the fathers to have regular contact with their children.”

Full story

The Guardian, 16th July 2007

Source: www.guardian.co.uk

Hammerton v. Hammerton – Times Law Reports

Committal hearing should be separate from contact case

Hammerton v. Hammerton

Court of Appeal 

“It was not appropriate to hear contact proceedings at the same time as committal proceedings.”

The Times, 12th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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