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Child Care Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Child Care

Care proceeding application fees to be abolished (18 October 2010)

In May 2008 fees for care proceedings increased from £150 to £4,825, which led to a decrease in applications being made by Local Authorities. Despite the Justice Secretary Jack Straw claiming the dip was not due to the fee increase he still believed that these should nonetheless be abolished. Therefore from April 2011 Local Authorities will not have to pay a fee to issue care proceedings.
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Duncan Lewis:Child Care

How Effective has the Hague Convention on the Civil Aspects of International Child Abduction 1980 been in securing the prompt return of an abducted child. (18 October 2010)

The United Kingdom has seen a 50% increase since 1995 in the number of children being abducted. It was in recognition of the alarming numbers of abducted child and to address this problem that The Hague Convention on the Civil Aspect of International Child Abduction 1980 was introduced, providing the international legal community with a framework to safeguard the rights of abducted children.
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Duncan Lewis:Child Care

Special Guardianship (25 August 2010)

Special Guardianship orders are a result of the Prime Minister’s review of adoption and subsequent white paper ‘Adoption: the new approach’ which reported that children tended to prefer the sense of security that adoption could offer over long term fostering but a number of older children were reluctant to sever ties from their birth family, therefore making adoption an inappropriate option.  Read more...

Duncan Lewis:Child Care

Participating in Child Care Proceedings - Becoming a ‘party’ to a case (25 August 2010)

For many clients who are about to embark on Child Care proceedings, having the ability to be present in the court room and to be involved in the proceedings is an important consideration. At Duncan Lewis, we pride ourselves on being able to provide advice and empower our clients to ensure that their case is presented in the best possible manner.   Read more...

Duncan Lewis:Child Care

The Brussels II Regulation (25 August 2010)

The Regulation applies as of 1st March 2005 to all member states of the European Union, with the exception of Denmark. It is there to establish uniform procedures to ensure a child’s prompt return to the state of their habitual residence as well as to secure protection for rights of access.  Read more...

Duncan Lewis:Child Care

Domestic Violence (2 August 2010)

The law relating to domestic violence has changed vastly since its introduction, and with the amendments to the category of ‘associated persons’ protection from domestic abuse can be obtained against more people at present. The protection from domestic abuse can be obtained under the Family Law Act 1996, and also under the Protection from Harassment Act 1997.  Read more...

Duncan Lewis:Child Care

Special Guardian Allowances (2 August 2010)

There has been recent case law regarding payment of Special Guardianship Allowances and the amount that should be paid by Local Authorities. Often foster carers may decide to keep a child permanently and opt for a special guardianship in respect of that child as opposed to a Residence Order or Adoption. Likewise, family members may decide to become Special Guardians for children they are caring for. In such circumstances, the Local Authority has to assess the family and consider what rate of Special Guardianship Order allowance to pay.   Read more...

Duncan Lewis:Child Care

Enforcement of Ancillary Relief Orders (5 July 2010)

There are a variety of steps which can be taken to enforce a financial order which has not been fully complied with. However it should be noted that before any process is issued for the enforcement of an order governed by the Family Proceedings Rules 1991, for the payment of money to any person, an affidavit (sworn statement) must be filed with any application, verifying the amount due under the existing order and clearly showing how the amount due has been calculated.  Read more...

Duncan Lewis:Child Care

Private Law Proceedings and Cafcass (5 July 2010)

Delay in private law cases coming to a satisfactory conclusion goes against one of the main principles underpinning the law relating to children, this being that any delay is likely to prejudice the welfare of the child.  Read more...

Duncan Lewis:Child Care

International Child Abduction and the Hague Convention on the Civil Aspects of International Child Abduction (1980) (7 June 2010)

The issue of Child Abduction has become an ever more increasing worry for parents and children alike over recent times. As a result England and Wales have entered into numerous agreements to safeguard the rights of the non-abducting parent and the children.  Read more...

Duncan Lewis:Child Care

Disclosure in Ancillary Relief Proceedings (7 June 2010)

It can be safely assumed that in most cases if Ancillary Relief Proceedings have been issued, one or both parties will suspect that the other has assets or property that they have failed to disclose in a deliberate attempt to defeat their claims.   Read more...

Duncan Lewis:Child Care

It is for the Courts to Decide on Child Protection (12 April 2010)

A recent case concerning a baby boy who had suffered abuse has led the Supreme Court to clarify the role of the courts in child protection cases.  Read more...


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