Bertus Preller’s Post

A new one and a big one from Lieven J concerning the deprivation of liberty of severely disabled children. The child, SM, is 12 years' old and has significant diagnoses which impact her mobility, cognition and functioning. She is non-mobile and non-verbal. The local authority applied for authorisation to deprive SM of her liberty. She resides in a foster care placement pursuant to a care order. The measures which the local authority submitted amount to restrictions on SM's liberty included 1:1 supervision at home, being moved by carers, feeding and the administration of medicine by carers, bed bars to prevent falling, 2:1 supervision in the community and locked doors. The court refused the application to authorise SM's deprivation of liberty on the basis that the court found there to be no deprivation of liberty present. Lieven J made two important points. Firstly, that a number of the measures submitted as 'restrictions' were in fact part of SM's care provision and were not actions taken to deprive her of her liberty. This included moving her, feeding her, supervising her at home and undertaking personal care. The judge distinguished these elements as 'aspects of care which may intrude on an individual's privacy and autonomy... but are not interferences with the right to liberty'. Secondly, the court considered the process of establishing if a deprivation of liberty is present for a child with such significant disabilities, taking into account the Cheshire West principles. Lieven J was concerned with the comparative approach that is adopted for children and the appropriateness of that when a child's biological age may be very different from the age at which they are functioning or presenting. For SM, the court found that a comparative approach to a non-disabled 12 year old would be an 'unreal exercise, and one that leads to a nonsensical result.' Underpinning that analysis was an appreciation of the fact that, owing to her disabilities, SM was not free to leave her placement and the measures in place that resulted in SM being under close supervision and control were not intended to prevent her leaving (or, it appears, to physically restrict her). A thoughtful and logical decision which may have a significant impact for local authorities considering whether or not the criteria is met for a deprivation of liberty. https://lnkd.in/eUK3D6_y #deprivationofliberty #DOL #childprotection #caselawupdate #disabledchildren #Article5 #ECHR #righttoliberty #legalupdate #childrenlaw

🔍🚫 Ending the Indiscriminate Use of Parental Alienation: Time for Investigation and Resolution 🚫🔍 In the realm of family law, it's crucial to address the pressing issue raised by Bernard Durkan regarding the indiscriminate use of the concept of parental alienation. With no pun intended, the ongoing pursuit of parents and children through this lens demands our attention. The in camera rule, initially designed to safeguard the welfare of children and families, now faces challenges as investigations by Tusla are barred. This barrier prevents a vital examination of cases where parental alienation is alleged. Libertas join Mr. Durkan in urging a special effort to investigate these matters thoroughly. The absence of investigation or indication thereof leaves families vulnerable and perpetuates uncertainty and distress. It's time to shed light on the complexities surrounding parental alienation and ensure that the best interests of children remain paramount in family law proceedings. Let us collectively work towards bringing an end to the indiscriminate use of parental alienation and fostering a system that prioritises the well-being and rights of all involved parties. #FamilyLaw #ParentalAlienation #ChildrensRights #InvestigationNeeded #FamilyWelfare #LegalSystem #Advocacy #ChildProtection European Union Agency for Fundamental Rights Council of Europe Human Rights Watch Department of Justice Irish Government Irish Government Economic & Evaluation Service (IGEES) Irish Human Rights and Equality Commission Helen McEntee - It could be good if you finally answer those questions and end the corruption in Family Law :)

From May this year, new legislation commences bringing a suite of amendments to family law. These are the most significant changes in 17 years. One of the key changes is the removal of the current “presumption” that, it is in the best interests of a child for that child’s parents to have equal shared parental responsibility in relation to making long-term decisions for them unless there is evidence to the contrary. The determining factor will soon be a consideration of the child’s best interests, without any presumption being applied as a starting point. In her latest article, Olivia Le takes a closer look at these changes.

𝗟𝗲𝗴𝗮𝗹 𝗕𝗮𝘁𝘁𝗹𝗲𝘀 The legal battles confronting alienated fathers in preserving their parental rights are often arduous and labyrinthine, presenting formidable obstacles on their journey towards maintaining meaningful relationships with their children. From contentious custody battles to contentious visitation disputes, these fathers find themselves entangled in complex legal proceedings that test their resolve and resilience. The emotional toll of navigating the legal system, coupled with the uncertainty of outcomes, can be overwhelming, leaving fathers feeling disempowered and vulnerable in their pursuit of justice and familial connection. Amidst the legal quagmire, there exists a beacon of hope—a roadmap for navigating the complexities of the legal system and advocating for fathers' rights effectively. By arming themselves with knowledge and resources, alienated fathers can navigate the legal terrain with greater confidence and clarity. From seeking guidance from legal professionals specializing in family law to tapping into support networks and advocacy organizations dedicated to fathers' rights, there are myriad avenues for accessing assistance and support. Through empowerment and informed advocacy, alienated fathers can stand firm in their pursuit of justice, ensuring that their voices are heard and their rights upheld amidst the challenges of coparenting breakdowns. Click here to get a free copy of our ebook ‘Coparenting Resource guide’: https://lnkd.in/ekBaf5yZ

From May this year, new legislation commences bringing a suite of amendments to family law. These are the most significant changes in 17 years. One of the key changes is the removal of the current “presumption” that, it is in the best interests of a child for that child’s parents to have equal shared parental responsibility in relation to making long-term decisions for them unless there is evidence to the contrary. The determining factor will soon be a consideration of the child’s best interests, without any presumption being applied as a starting point. In her latest article, Olivia Le takes a closer look at these impending changes. If you would like a personalised assessment of your circumstances, contact us on 07 5609 4933 for a free initial consultation. #familylawyer #familylaw #parentalresponsibility

Are There Really No Consequences for Alienating The Other Parent? In the ever-evolving realm of family law, New York's approach to parental alienation is witnessing notable shifts as far as consequences (though there are very challenging issues as it pertains to evidence). Recent cases in the Second Department shed light on crucial strategies for combating parental alienation and safeguarding parental rights. Suspending Child Support: The courts may suspend child support obligations if the custodial parent unjustly obstructs the non-custodial parent's visitation rights. This was highlighted in Matter of Morgan v. Morgan (213 A.D.3d 669, 2d Dep’t 2023). Proof of a court-ordered visitation schedule is imperative (Beal v. Beal, 244 A.D.2d 550, 664 N.Y.S.2d 473, 2d Dep’t 1997). Custodial Parent Switch: Recent cases have seen the court award custody to the non-offending parent, even in scenarios where the custodial parent's history is less than ideal. In Jones v. Pagan, despite the father's criminal record, sole custody was awarded due to the mother's intentional interference with the father-child relationship. Similarly, in Ashmore v. Ashmore, the mother retained custody despite her mental health history, as the father was found to have undermined the mother-child relationship. These cases underscore the judiciary's commitment to safeguarding parental rights and prioritizing the best interests of the child, even if it entails reversing custodial arrangements. As family dynamics continue to evolve, it's essential for legal practitioners and parents alike to stay informed and adapt to these changing landscapes. #FamilyLaw #ParentalRights #NewYorkLaw #LegalUpdates #CustodyBattles

In Georgia, a father must establish his parental rights by a process called "legitimation." Georgia laws say that paternity must be established before an unwed father can be granted custody and visitation rights to his child. Our free eBook on legitimation in Georgia covers important topics including: • What are the grounds for a mother opposing legitimation? • What are the requirements for legitimation in Georgia? • How do I start the legitimation process? 👉🏼https://lnkd.in/ew_nKJTY Family Law Experience You Can Trust Our skilled and knowledgeable legal team at Attorney Sharon Jackson, LLC, will advise you on how to approach the paternity and legitimation process. We have seen many successful results in our years of representing fathers in Atlanta legitimation proceedings. Your first step towards knowing your rights is to consult with one of our family law attorneys regarding filing a petition for paternity or legitimation. We can assess your situation, inform you of current applicable laws, and discuss how we might represent you. We will explain your legal rights and help you decide whether pursuing legitimation is in your best interest as a parent. We are committed to making the process easier so you and your family can reach the best possible outcome. Download our free guide with frequently asked questions about legitimation in Georgia today. Then, call our office at (678) 661-6969 to schedule a consultation. #LawrencevilleFamilyLaw #UncontestedDivorce #ContestedDivorce #GwinnettFamilyLawAttorney #FamilyLawyer #DivorceAttorney #ChildCustody #GrandparentsRights #GwinnettDivorceAttorney #MaritalAssets #PreNups #Legitimation #AttorneySharonJackson

🌟 Exciting Announcement! 🌟 I’m thrilled to launch Arizona Family Law, a weekly newsletter curated specifically for family law attorneys. Each week, you can expect to receive: + Recent Case Law Updates: Stay ahead with summaries of recent opinions and their implications. + Legal News: Be informed about the latest developments in family law. + Practical Tips: Enhance your practice with actionable advice. Whether you're looking to stay on top of the field, find practical advice, or explore new insights in family law, this newsletter is here to serve as your go-to resource. 👉 Read this week's newsletter and subscribe to receive future updates! #familylaw #newsletter #Arizona

Blended families make up around one in three of all families in the UK, with step-parents often playing a pivotal role in a child’s life.   In our latest blog, Jessica Nicholson, solicitor in our family team, advises on the legal options available to step-parents when it comes to their step-children, and what parental responsibility means in the eyes of the law.   To read the full article, follow the link below;   https://lnkd.in/e_zH6xc6 #BlendedFamilies #FamilyLaw #StepParents Emily Cannell | Rachel Smith

👵👴💞 Strengthening Family Bonds: Understanding Grandparent Visitation Rights in Colorado 🏞️👨👩👧👦 At Ascent Legal Group, we're dedicated to guiding grandparents through the complexities of visitation rights in Colorado. Our expertise blends legal acumen with deep empathy for the unique bonds between grandparents and grandchildren. 🌟 🔍 Navigating Legal Pathways: Colorado law recognizes the irreplaceable role of grandparents, offering avenues for visitation, especially in times of family transitions like divorce or loss. 📜 👨⚖️ Balancing Rights and Best Interests: The process involves demonstrating how grandparent visitation serves the child's best interests, balancing this with parental rights. It's a journey requiring expert legal navigation. 🧭 🚧 Overcoming Challenges: With significant legal hurdles in place, our experienced attorneys at Ascent Legal Group provide the strategic advocacy needed to uphold these vital family connections. ⚖️ 🤝 Your Trusted Partner: We're here to help you preserve and protect the precious bond between grandparents and grandchildren, offering clear and compassionate legal guidance every step of the way. 💼 📞 Ready to explore grandparent visitation rights in Colorado? Contact us for a free consultation and let’s safeguard your family’s legacy together. Visit our blog for more insights: https://lnkd.in/gFbAYT4G #GrandparentsRights #FamilyLaw #AscentLegalGroup #ProtectingFamilies #LegalGuidance #FamilyBond