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Patrick Nicholls

and public family law cases is analogous to the distinction often applied to civil and criminal cases. That is civil cases are analogous to private family law cases in that they relate

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marriage. The rules governing formal and essential validity of the marriage depend upon which law governs each element on the facts of the case. The relevant governing law is identified

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ownership of the home. Tomlinson LJ said: It is essential, in my judgment, to bear in mind that, in deciding in such a case what shares are fair, the court is not concerned with

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Anna Carline and Roxanna Dehaghani

husband; or was it a classic case of domestic abuse, in which one spouse puts the other in fear through the constant denial of freedom and of money for essentials, through the denigration

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Penelope Russell

control the immediate interim before the court could find room for the essential trial. 155 In that case the Court of Appeal allowed the parent’s appeal against the making of an

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Julie Doughty

parents being further involved. Key Case 1: Re JL (Babies Relinquished for Adoption) [2016] EWHC 440 (Fam) In these linked cases, the parents were from eastern Europe,

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s be drawn, as is currently the case, between secular civil marriage and religious marriages? More importantly, are some formalities more essential than others? As has been demonstrated

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go to a family centre on specified days. In such cases, cooperation from the persons looking after the child is normally essential if the supervision order is to work. Consequently

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resort’. 156 In Re A (Residence Order) Coleridge J called it an ‘essential weapon or tool …. It may indeed be a case of putting a gun to a parent’s head to force him or her to rethink’

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each features of this case. Those features make the case sensitive, difficult and distressing, but none of them, individually or together, affect the essential approach of the court

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rejected as a general theory because of its inability to accommodate fully the case of children’s rights. In the case of children at least, the interest theory is more apposite. As Michael

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threshold is met in Ella’s case. In the home, she appears to be suffering from emotional and physical neglect at a time when good quality care is essential to her development. But the

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exceptional cases. Indeed, those cases where the principle was successfully invoked were cases in which ‘justice cried out for a remedy’. 703 This, however, was not one of those cases. This

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the development of case law, and the exercise of judicial discretion. Consequently, sound knowledge of the HRA, the ECHR, and the Strasbourg jurisprudence is essential for any family lawyer

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16. Children and Local Authorities:  

Investigation of Child Abuse

N V Lowe and G Douglas

particular cases. Full inter-agency co-operation including sharing information and participating in decision-making is essential whenever a possible care or supervision case is identified

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18. Children and Local Authorities:  

The Position of Children in Care

N V Lowe and G Douglas

powers to examine cases of individual children coming within his jurisdiction. This power, however, is confined to cases where the Commissioner considers that the case raises matters

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situations outlined in the scenarios in this chapter, detriment is an essential element. There are a small number of cases in which it is not unconscionable to deny a remedy even when

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17. Children and Local Authorities:  

Care and Supervision Proceedings

N V Lowe and G Douglas

the baby’s particular problems, it was essential that some proper person or body have parental responsibility for the baby and that in this case it was vital for the local authority to

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established as probably the case, the court would have to act on what was only possibly the case, or even on the basis of what was probably not the case. This, as Lord Nicholls pointed

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Alfie Evans case came soon after the case of Charlie Gard, another highly controversial case that attracted much attention internationally as well as in the UK. Key Case Great Ormond