BAILII – BAILII Databases


BAILII – BAILII Databases See on Scoop.it – Public Law Children Act Cases BAILII databases contain British and Irish case law, legislation and other materials (e.g. Law Commission Reports), and European case law. See on http://www.bailii.org Related articles The BAILII lecture: … Continue reading

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Foster Care


Foster Care

Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a “foster parent”.  The state via the family court and child protection agency stand in loco parentis to the minor, making all legal decisions while the foster parent is responsible for the day to day care of said minor. The foster parent is remunerated by the state for their services.  Foster care is intended to be a short term situation until a permanent placement can be made:

  • Reunification with the biological parent(s)
  • When it is deemed in the child’s best interest. This is generally the first choice.
  • Preferably by a biological family member such as an aunt or grandparent.
  • If no biological family member is willing or able to adopt, the next preference is for the child to be adopted by the foster parents or by someone else involved in the child’s life (such as a teacher orcoach). This is to maintain continuity in the child’s life ~ Wikipedia
     

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Posted in Adoption, Care Proceedings, Care Proceedings, Family, Family Law, Foster Care, Geldof on Fathers, His Honour Judge Waine, IN THE SUPREME COURT OF JUDICATURE, Justice Lord Ward, Local Authorities, Northamptonshire, Parental Rights, President of the Family Division, Private Law, Public Law, Social Work | Tagged , , , , , , , , | 37 Comments

Family Law Courts


Family Law Courts Family matters are dealt with in the Family Division of the High Court, by district judges in County Courts and in Family Proceedings Courts. What Family Courts deal with Public law Private Law Adoption Marriage matters Domestic … Continue reading

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Grandparents Fail to Undo Adoption in Jonesborough, TN: In re R.S.M.


Originally posted on Knoxville, TN Divorce Lawyer, Child Custody, Child Support, Alimony:

Knoxville divorce and family law attorneysFacts: Mother was the unmarried parent of Child. Following the birth, Mother and Child lived with Grandparents in their home for over two years. Grandparents loved the child and they shared a close relationship.

One day Mother told Grandparents she was going shopping. When she left, she took Child with her. It was the last time Grandparents saw Child.

One month earlier, Mother began a relationship with a new boyfriend. After she left, Mother sent a text message to Grandparents saying she was not taking Child from them and she planned to be gone only one week.

After nearly a month, Grandparents had been unable to locate Mother and Child. They were worried about Child’s safety.

Mother’s boyfriend’s mother informed Grandparents that, according to her son, Child was no longer with the couple and that Mother may have given Child up for adoption.

Days later, Grandparents filed an emergency…

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Proceedings | Highlights from the Law Blog – Wall Street Journal


Proceedings | Highlights from the Law Blog

Source: www.wsj.com

See on Scoop.itPublic Law Children Act Adoption Cases

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The I CARE Foundation’s Hague Convention Oriented International Child Abduction Prevention Tool Provides Family Lawyers New Weapon To Protect Children


The I CARE Foundation’s Hague Convention Oriented International Child Abduction Prevention Tool Provides Family Lawyers New Weapon To Protect Children

prweb.com

In many of these cases the ‘taking parent’ carefully conspires to mislead and defraud the courts and the ‘targeted parent’ of their true intent: to relocate in their country of origin with the child while removing the targeted parent’s contact with their child. Detecting abduction schemes is often not easy. In fact, some parents conceal their true intent to abduct by inviting the child’s other parent to travel abroad with them in an attempt to avoid suspicion of abduction. However, once in a foreign country (often the conspiring parent’s country of origin), the conspiring parent unleashes a horrible scheme intended to remove the other parent’s rights to the child. They often succeed. Click Here To Read More>>>

Family Law Week: DL v EL (Hague Abduction Convention – Effect of Reversal of Return Order on Appeal) [2012] EWHC 49 (Fam).

I am concerned with applications to decide whether a young boy KL currently living in West London with his mother EL (M) should be removed to San Antonio, Texas, where his father DL (F) has his home. KL is six and is the only child born to these two parents. F seeks an order that he return forthwith to that jurisdiction in twin proceedings heard conjointly under the Child Abduction and Custody Act 1985 (which incorporates into English law the key provisions of the 1980 Hague Convention on the Civil Aspects of International Child Abduction) or alternatively pursuant to the inherent jurisdiction of the English High Court. When in this judgment I refer to ‘Hague’ or to ‘the Convention’ I mean that 1980 Convention unless from the context otherwise appears.

The legal issues in the case

(a) The removal of KL from the USA was not wrongful for the purposes of Article 3 of the Hague Convention because it was undertaken in compliance with the order of the United States District Court for the Western District of Texas dated 10 August 2011;


(b) KL was not habitually resident in the USA at the relevant time for the purposes of Article 4 of the Hague Convention as he became habitually resident in England following the removal;

By last spring and summer therefore I conclude that KL’s ‘centre of interest’ was England, and here the terrain on which he was growing up and would continue to do so indefinitely, pending any welfare-based decision providing for his return to America. His practical ties with America were sundered. He was not only resident here but firmly so for what, the vagaries of life apart, looked likely to be an indefinite but by no means necessarily brief or delimited period. I reject the suggestion that his stay here was perforce provisional or conditional because of the pendency of the US appeal proceedings. And so I hold that by 31 July 2012 (when the appeal court set aside the August 2011 Hague order) and by 29 August 2012 (when the District Court Judge relayed his instruction) KL had become habitually resident in England and Wales – on whatever test.

The appeal court decision arrived but a fortnight before the first anniversary of KL’s arrival in London. When M brought KL to England in August 2011, lawfully as I have found, she was bringing him to a country where she had lived since sometime in 2008, and where both she and KL have the right to remain. She plainly, for her part, was no longer habitually resident in Texas (as I assume she had become when the parties lived together as a family), but by 2011 on any reading of the meaning of habitual residence and how it is lost/transferred/acquired she must have become habitually resident in England.

c) The English court rather than the Texan court therefore validly has jurisdiction in relation to welfare issues concerning KL.

d) Without intending disrespect to the Texan court, the English court should not order KL’s return to Texas save on a basis determined by his welfare.

Article 18 of the Convention and the inherent jurisdiction to order return

KL’s welfare is the test which guides the making or refusal of a return order, now that return under Hague is no longer an issue. The consideration that in March 2010 the Texan court conducted a full welfare enquiry, made findings and reached a conclusion that KL should live with F is not, in my judgment, to be regarded as a factor which should impel or even provisionally incline this court to order his return at this stage to America for a renewed enquiry now to be undertaken there. Much water has flowed, much of it irreversibly as I have found, under the bridge in KL’s life in the intervening almost 3 years. His recent past is here. It is against the backcloth of his current setting that reappraisal must take place and the strength of what for him has become the status quo taken into account, as one consideration. That assessment can immeasurably more easily (and I suspect, although I cannot be sure, with appropriate directions more speedily) take place here where his recent history is and where I have concluded he is by now habitually resident.

The fact that F can be presented as the wronged parent in all this; as a victim of what are claimed to be M’s machinations and of the Texan District Court’s erroneous August 2011 decision to send KL to England; whose relationship with KL is consistently under threat as a result of what he says is M’s antagonism towards and obstruction of that relationship – all these considerations may well evoke sympathy in the mind of the judge considering the best outcome for KL. But it is trite to observe that righting wrongs done to one parent is not the object of that exercise. The assessment must focus on the paramountcy of the child’s welfare.

To ensure that the best interests of the child are given the utmost consideration, the Court has previously ruled that the concept of ‘habitual residence‘ under Article 8(1) of the Regulation corresponds to the place which reflects some degree of integration by the child in a social and family environment. That place must be established by the national court, taking account of all the circumstances of fact specific to each individual case (see A, paragraph 44).

TOWARDCHANGE ACTIVIST4 CHILDREN AND FAMILIES.

Sovereign FILING SOLUTIONS.

IN THE NORTHAMPTON COUNTY COURT  His Honour Arthur Anthony JUDGE RUMBELOW QC  A Circuit Court Judge Assigned to the Northern Circuit.

CASE NUMBER NN13P00882

Ngozi Godwell vs Northamptonshire Local Authority

His Honour Judge Arthur Anthony Rumbelow, QC CASENUMBER NN13P00882Public Law Children Act Adoption Cases.

Thank you!

Closing Argument – Wikipedia, the free encyclopedia

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Tim Fortescue From ‘Westminster’s Secret Service’ BBC 1995


Tim Fortescue From ‘Westminster’s Secret Service’ BBC 1995

 

THE WHIPS OFFICE AT 12 DOWNING STREET, LONDON
Secret passage to Prime Minister, 10 Downing Street! The Whips control the votes by blackmailing gay paedophile MPs.

 

Misconduct In Public Office Is An Offence At Common Law

Zam Zam in Northampton, Northamptonshire.

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Social Care Crisis: Damning Ofsted Report Says 20 Local Authorities Cannot Keep Children Safe


Social Care Crisis: Damning Ofsted Report Says 20 Local Authorities Cannot Keep Children Safe What Authority? They are not an authority in anything. They have no authority. My Child Will Be Given Either A Care Order Or A Supervision Order … Continue reading

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Abuses Of The System


Abuses Of The System Although statistics are published about cases that pass through the courts, these in their nature cannot answer claims that abuses of the system are not identified and that there are effectively no quality controls. Continue reading →   … Continue reading

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PRESIDENT OF FAMILY LAW Calls For Radical Changes In Family Courts’ Approach To Transparency


PRESIDENT OF FAMILY LAW Calls For Radical Changes In Family Courts’ Approach To Transparency The President of the Family Division, Sir James Munby, has called for radical changes in the approach of the family courts and the Court of Protection … Continue reading

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Do Dads Really Need To Take A Month Off For Paternity Leave? | Channel 4 News


  Do Dads Really Need To Take A Month Off For Paternity Leave? | Channel 4 News Via Child Support. Mothers at Home Matter’s Lynne Burnham say dads matter but not as much as mums in the first few months. But … Continue reading

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The Role Of A Judge


The Role Of A Judge   The role of a judge in a Crown Court. In England and Wales, Crown Courts are where serious criminal cases are heard by a judge and jury.  In those cases, the judge makes decisions … Continue reading

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Proceedings | Highlights from the Law Blog – Wall Street Journal


Proceedings | Highlights from the Law Blog

Source: www.wsj.com

See on Scoop.itPublic Law Children Act Adoption Cases

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