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16 September 2011

What is the point of birth registration? [2008] CFLQ 449
The impending reform of the Human Fertilisation and Embryology legislation and the Government's recent White Paper on joint registration of births outside marriage both raise questions about the...
Andrew Bainham
Articles filled_circle 16 September 2011
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16 September 2011

Controlling costs and maintaining services - the reform of legal aid fees for care proceedings [2008] CFLQ 425
This article, based on an analysis of legal aid data for a sample of care proceedings commenced in 2004, examines the cost of providing legal representation to mothers, fathers and children, and the...
Judith Masson
Articles filled_circle 16 September 2011
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16 September 2011

Hanging on the telephone: City of Westminster v IC [2008] CFLQ 395
This case,1 involving a Muslim ceremony of marriage conducted over the telephone between parties resident in different jurisdictions, one of whom lacked the capacity to consent to a marriage in the...
Rebecca Probert
Articles filled_circle 16 September 2011
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16 September 2011

Charman v Charman (No 4) - making sense of need, compensation and equal sharing after Miller/McFarlane [2008] CFLQ 378
This commentary discusses the Court of Appeal decision in Charman v Charman, which, in dealing with Mr Charman's arguments concerning the recognition of his 'stellar contribution', sought to provide...
Joanna Miles
Articles filled_circle 16 September 2011
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16 September 2011

Special guardianship and permanency planning: unforeseen consequences and missed opportunities [2008] CFLQ 359
Special guardianship orders were introduced to supplement the range of options for permanency for children who cannot live with their birth parents. Intended to reduce the numbers of children in care,...
Ananda Hall
Articles filled_circle 16 September 2011
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16 September 2011

Safeguarding children on the edge of care: policy for keeping children safe after the Review of the Child Care Proceedings System, Care Matters and the Carter Review of Legal Aid [2008] CFLQ 335
The number of children referred to the courts under section 31 of the Children Act 1989 and the cost of care proceedings have been the target of several recent policy documents. Alongside a commitment...
Penelope Welbourne
Articles filled_circle 16 September 2011
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16 September 2011

Can you keep a secret? Children, human rights, and the law of medical confidentiality [2008] CFLQ 312
The existence of competent children's right to medical confidentiality was confirmed in R (Axon) v Secretary of State for Health (Family Planning Association Intervening). However, a number of...
Joan Loughrey
Articles filled_circle 16 September 2011
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16 September 2011

Disputing contact: challenging some assumptions [2008] CFLQ 285
This article provides a detailed exposition of the courts' general approach to deciding an application for a 'contact order' in section 8 of the Children Act 1989, and examines how that approach is...
Stephen Gilmore
Articles filled_circle 16 September 2011
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16 September 2011

Ownership of the family home: Stack v Dowden in the House of Lords [2008] CFLQ 255
Stack v Dowden is a landmark decision, because it is the first case on family property to reach the House of Lords since Lloyds Bank plc v Rosset in 1981. The reasoning of the majority, while carrying...
Graham Battersby
Articles filled_circle 16 September 2011
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16 September 2011

Evaluating the views of abducted children: trends in appellate case-law [2008] CFLQ 230
The summary nature of child abduction proceedings and the desire to give effect to the goal of prompt return has often led to limited consideration and importance being afforded to the views of the...
Peter McEleavy
Articles filled_circle 16 September 2011
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