FAMILY LAW

adoption agency only recruiting evangelical staff & carers is lawful but can't exclude same-sex couples (case) - 2020, 185, 196
adoption by same sex couples, conscientious objection by Justice of the Peace, discrimination case disallowed - 2008, 160, 63
age of majority under the Family Law Reform Bill - 1969, 22, 2
blood products for child of Jehovah's Witnesses, parents not opposed to court deciding if no other options (case) - 2017, 178, 123
care proceedings for muslim children clarified circumcision as allowed for religious/other reasons but FGM never considered reasonable (case) - 2015, 174, 127
carers role not acknowledged in legal cases - 2007, 159, 89
case histories of injustices under the Children Act 1989 - 2001, 146, 57
Catholic committee established to comment on reforms - 1973, 39, 34
Children Act 1989: current working and analysis of - 2001, 146, 57
children's 'rights' out of control - 2001, 146, 57
civil partnerships, possibility of celebrating in religious buildings - 2010, 165, 194
Christian views towards changing family law - does law suppport families in a moral way? - 2013, 170, 19
cloning (human), possible legal problems: inheritance, negligence, wrongful life - 1999, 140/141, 26
'common law marriage': myths surrounding this point to possible legislation for financial compensation as in Scotland - 2016, 177, 181
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
draft Divorce Reform Bill 2001 - 2001, 147, 132
education of children in mixed marriages - 1967, 16, 84
family courts, text of Law Commission Working Party circular reproduced - 1973, 39, 72
Family Division, jurisdiction of - 1971, 33, 118
family law, looking back over 40 years of - 2003, 150, 8
Family Law Act 1996: it's failure & what should be salvaged - 2001, 147, 132
Family Law Act 1996, virtues of - 2000, 145, 57
Family Law Bill 1996: encouraging reconciliation in divorce process - 1996, 128/129, 35
Family Law Bill 1996, Lord Chancellor's analysis of - 1996, 128/129, 3
Family Law Reform Act, general analysis of - 1989, 100/101, 20
foster carers, ruled reasonable to refuse those who disapprove of homosexuality (case) - 2011, 166, 92; 2014, 173, 113
gambling, problem gambling & social effects of - 2002, 148, 38
Jehovah's Witness elders must release documents concerning child abuse investigation, can't rely on confidentiality (case) - 2020, 184, 104
Jewish (Ultra Orthodox) children needing suitable respite care; one boy's rights breached, other not (case) - 2021, 186, 60
looked after children whose guardian wished to have them receive Catholic sacraments; mother's wish to legally prohibit this refused (case) - 2021, 186, 85
maintenance orders and enforcement - 1971, 32, 98
Matrimonial Proceedings and Property Act, 1970 - 1971, 32, 98
mother only able to share custody of child if makes break with harmful 'Universal Medicine' cult (case) - 2020, 184, 118
one parent families and the Finer Report - 1978, 56/57, 13
privatisation of family justice: cuts to legal aid & distrust of state regarding marriage push to alternative (incl. religious) dispute resolution - 2016, 177, 181
religious freedom, scope and protection of under a bill of rights - 1979, 60/61, 8
religious tribunals: official enquiries into Sharia, data gathering still needed; Cardiff University research on - 2016, 177, 181
same-sex adoption / surrogacy / abortion: have dilemmas for Christian judges become too hard to accommodate? - 2016, 176, 6
separated Jews want 'Beth Din' to arbitrate over children's welfare: court allows outcome whilst retaining power of binding endorsement (case) - 2013, 170, 105; 2019, 183, 225
trial judges and dilemmas they face due to gap between human and divine law - 2016, 176, 6
ultra-orthodox family breakdown; transexual father left and court allowed only indirect contact with children due to possible ostracism from community (case) - 2017, 178, 135; appeal allowed as children's right to family life more important (CA) - 2018, 180, 120
widowed parents allowance (but not bereavement payment) allowed to unmarried bereaved parent so children benefit (case) - 2018, 181, 244
conferences
International Society on Family Law, review of conference papers - 1982, 74/75, 74
Pax Romana, review of 8th Congress of Catholic Jurists - 1978, 56/57, 54
Plowden Legal Society-Catholic Marriage Advisory Council, conference papers -1978, 56/57, 13
contraception
right to privacy in USA - 1978, 58/59, 99
right to procure contraceptives in Ireland -1974, 45, 172
family
European Convention on Human Rights & the right to respect for family life - 1989, 100/101, 71
families, support of: précis & commentary on Government proposals - 1999, 142/143, 91
Inheritance (Provisions for Family and Dependants) Act 1975 - 1980, 66/67, 50
meaning of, regarding devolution of statutory tenancies - 1980, 66/67, 101
meaning of and de facto families -1979, 60/61, 2
meaning of term extended under succession legislation - 1980, 66/67, 50
meaning of the term and relationship to marriage - 1985, 84/85, 14
social services removing children unjustly - 2001, 146, 57
guardianship
Guardianship of Minors Act 1971 - 1971, 33, 137
joint custody orders -1973, 40, 115
person having parental rights - 1973, 41, 180
husband and wife
common law spouse covered by domestic violence legislation - 1978, 58/59, 129
enforcement of matrimonial rights - 1978, 58/59, 68
nature of relationship in the Common Law - 1978, 58/59, 64
relations at common law and under statute - 1983, 76/77, 31
rights of unmarried cohabitees - 1990, 104/105, 3
spousal witnesses, whether competent and compellable - 1978, 58/59, 131
illegitimacy
affiliation, inadmissibility of evidence defeating claim - 1972, 34, 34
equality of rights under the Family Law Reform Act 1969 - 1970, 26, 20
reasons for inclusion in legal systems - 1982, 74/75,
reform, discussion and proposals of Law Commission - 1982, 74/75, 114
marriage
annulment, realities of unqualified staff & fallible witnesses - 2010, 165, 117
annulment, the process, legal safeguards & need for Second Instance Tribunals - 2010, 165, 117
bigamy, comments on Whiston v. Whiston - 1996, 130/131, 120
bigamy, no entitlement to matrimonial property in case of - 1996, 128/129, 55
breakdown, sociological perspectives from Kramer v. Kramer (a film) - 1980, 64/65, 42
children, effects of marriage breakdown on, and divorce reform - 1994, 122/123, 107
consents required for a valid legal marriage - 1996, 128/129, 41
dispute resolution in family breakdown: research / reform needed into legal, quasi-legal & non-legal means - 2016, 177, 181
divorce, history of legislation - 1993, 118/119, 111
divorce, legislative milestones and changing attitudes to - 1993, 118/119, 111
divorce and cohabitation, statistical trends in - 1982, 74/75, 74
divorce law reform: brief survey - pre 1969 to post 1996 - 2000, 145, 57
Edward Berry and Doris Eilleen Ward (Marriage Enabling) Act 1980, text of -- 1980, 66/67, 110
effects of family breakdown on children - 2001, 146, 57
feminism driving the increasing divorce rate - 1993, 116/117, 36
importance of examining 'conduct' in divorce proceedings - 2001, 147, 132
importance of marriage to church and state - 1993, 116/117, 36
Islamic marriage, lack of civil procedure could lead to lack of legal rights - 2010, 165, 124
marriage gift agreements can be enforceable (even for religious marriages) after break up; cases arguing if proprietary right or contractual - 2016, 177, 181
nature of modern legal marriage explained in context of judgment of nullity of Muslim marriage; cohabitation etc not required (case) - 2021, 186, 69
pre-nuptial agreements: law commission recommends these as legislatively binding (assuming needs met) including religious agreements - 2016, 177, 181
relation of marriage to a reigning non-moral legal system - 1992, 112/113, 64
religious tribunals (Catholic, Jewish, Muslim): regulation of marital disputes, mediation and remarriage - 2016, 177, 181
sharia marriage, presumed legal at the time but not - ceremony declared valid and not void (case) - 2012, 169, 280
solicitors' code of practice regarding marital breakdown problems - 1985, 84/85, 2
talaq divorce pronounced in Saudi Arabia was sufficient to be recognised by domestic courts (case) - 2012, 168, 125
parental rights
access refused for parents, prejudiced by their blog posts against abortion / gay relationships?; human rights not infringed (case) - 2017, 178, 116
baby of Jehovah's Witnesses needing surgery, court rules blood can be given despite parent's objection if no reasonable alternative (case) - 2014, 172, 75
baptism of ten year old, divorced Jewish parents disagree (father Christian), court rules for baptism but not confirmation till sixteen without mother's consent (case) - 2012, 169, 262
brain-damaged baby, parents want life support, court rules for palliative care (case) - 2012, 169, 284
case studies in parent-child relations - 1978, 56/57, 20
child abuse and limited rights of involvement in decision-making - 1991, 108/109, 2
child indoctrinated by Jehovah's Witness mother removed from estranged parents due to emotional harm (case) - 2015, 175, 281
commercial surrogacy: legal and border problems with parental orders - 2016, 176, 6
conjoined twins case: case decided against parental wishes - 2001, 146, 38
conjoined twins case: parental wishes overridden - 2001, 147, 89
divorced father wants Orthodox single-sex education for children, mother upheld in wanting co-ed school, court won't pass judgment on religious beliefs if not incompatible with human dignity (case) - 2013, 170, 118
estranged parents disagreeing over Islamic circumcision for children, parent cannot insist without other's consent; decision defered till boys can choose (case) - 2016, 176, 93
father of illegitimate child, new rights under Family Law Reform Act - 1989, 100/101, 20
father sought specific issue order for children to be brought up as muslims when with Christian mother, refused as not in best interests (case) - 2013, 170, 129
meaning of the term - 1978, 56/57, 38
MMR vaccination: father obtains order for 15 & 11 yr old children to have vaccine against wishes; despite one objecting on vegan grounds, Article 9 rights not considered (case) - 2014, 172, 83
moral and theological basis of - 1978, 56/57, 35
over children - 1985, 86/87, 51
parents (with mental health issues) opposed to baby's dialysis for religious reasons; court rules for treatment - 2019, 182, 88
patient autonomy & 'Gillick competent' children - 1999, 140/141, 22
psychiatric view of the nature of - 1978, 56/57, 20
Roma parent's concern that their boys will be adopted by homosexuals outweighed by English law / standards (case) - 2014, 173, 225
separated parents, Jehovah's Witness Mum must give Anglican father's details if child requires blood transfusion (case) - 2012, 168, 137
surrogacy (international), court judges on legality of payments, best interests of child require parental orders (case) - 2012, 168, 150
terminally ill 14 year old wanting cryonic preservation after death; child can't make a will but court can stop father's veto by appointing mother as sole estate administrator (case) - 2017, 178, 147
their nature and scope - 1978, 56/57, 13
transgender legal challenges: terminology on birth certificate, concept of 'mother' and gender - 2020, 185, 121
transgender male who gives birth must be registered as mother; call for debate (case) - 2019, 183, 247
transgender parent who gave birth is the 'mother' on the birth certificate; no rights violated (case) - 2020, 184, 116
twins in care: mother prohibited from naming them inappropriately - 2016, 177, 210
paternity
blood tests, no need to establish best interests of child - 1971, 30, 33
powers to require blood tests - 1969, 22, 2
proof of under the Family Law Reform Act 1969 - 1970, 26, 20
sterilisation
consent of mentally incapable - 1989, 100/101, 2
implications of damages awarded for failed operation - 1983, 78/79, 111
of intellectually under-developed ward - 1987, 94/95, 123
order for sterilisation of ward - 1987, 94/95, 78
woman with severe learning difficulties, decision on sterilising - 2000, 145, 60
wrongful birth and wrongful pregnancy, differences between - 1983, 78/79, 111
Austria
children taken into care from Muslim family, parents objected that foster family didn't reflect religious or ethnic background (girl wore a cross); rights not breached as such a family was unavailable and children's interests were paramount (ECHR) - 2023, 190, 97
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
Belgium
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
France
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle - 2008, 160, 50
same-sex civil partners, one with daughter, adoption not allowed by other partner as transfers parental responsibility (ECHR) - 2012, 168, 123
same-sex couple unable to marry legally, not discrimination since states free to decide on this matter (ECHR) - 2016, 177, 210
sexual abuse of 5 year old Muslim child by Jehovah's Witness foster carers who also failed to be religiously neutral; France guilty of not monitoring placement, rights violated (ECHR) - 2023, 190, 100
Germany
children removed from parents in religious community that caned them; decision upheld as Article 3 violated but some compensation for length of proceedings (ECHR) - 2018, 180, 146
incest between siblings is still criminal act, despite family life (ECHR) - 2012, 168, 147
Greece
parental right to withdraw children from school religious education; exemption process required disclosing religion and this violates rights (ECHR) - 2020, 184, 112
Hungary
Father's rights violated by removing all access to son due to his irrational religious worldview (ECHR) - 2013, 170, 145
Italy
estranged parent's rights not infringed by court ruling that in child's best interests not to attend Jehovah's Witness services; domestic court upheld (ECHR) - 2022, 189, 209
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
Lithuania
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219
Northern Ireland
blanket ban on joint adoption by unmarried couples is unlawful (case) - 2008, 161, 134
Northern Ireland wrong to fail to comply with House of Lords judgment to not discriminate against the unmarried in adoption cases (case) - 2013, 170, 133; appeal dismissed - 2013, 171, 118
Republic of Ireland
marital privacy, contraceptives and the rights of 'the family' - 1985, 84/85, 18
Russia
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
Turkey
refusal of authorities to allow a married women to use only her maiden name, violated Article 14 (ECHR) - 2013, 171, 125

Published by:

The Edmund Plowden Trust