Family law

first_img Re MGR (a child) sub nom Calderdale Metropolitan Borough Council v (1) JD (2) JR (3) RD (4) MGR (by her guardian): CA (Civ Div) (Lords Justice Wilson, Sullivan): 9 September 2009 The appellant local authority appealed against a decision refusing to find that the threshold for making a care order in relation to a child (M) set by section 31(2) of the Children Act 1989 had been crossed. M was an eight-month-old girl. She had been taken into interim care just after her birth. She had an older half-sister (S) who was also the subject of care proceedings. S was two years old. The girls shared the same mother but had different fathers. S had been taken into interim care when she was about two months old. The proceedings in respect of the children were consolidated. The mother conceded in the case of S that the threshold for the making of a care order had been crossed on the basis that S was likely to suffer significant physical and emotional harm. The parents made no such concession in the case of M. The care plans for the girls were that they should be placed for adoption. The judge decided that, in respect of M, the threshold was not crossed, with the result that she should return to the parental home. In relation to S, he held that the parents had made such progress in stabilising their lives since S’s removal that, on a trial basis, she should be restored to their care under the auspices of a care order. He adjourned the hearing in relation to S for the local authority to consider amending her care plan to provide for rehabilitation. Held: (1) It was not impossible for the court to find the threshold crossed in relation to one child of the mother but not in relation to another. In the instant case the dates at which the threshold was required to be crossed were different. Nevertheless, it was unusual for a court to reach opposite conclusions about the threshold in relation to two half-siblings in circumstances in which the evidence showed such gross parenting deficits as were shown in relation to S when she was removed from the mother and in which the date relevant to the enquiry in M’s case was only 14 months later. (2) The judge’s conclusion that the changes in the parents since S’s removal were sufficient to justify her attempted rehabilitation into their home was not a conclusion shared by any of the four professionals who gave evidence. Their evidence was that the changes were too insubstantial to warrant rehabilitation. That was therefore evidence suggesting that at the relevant date M had been likely to suffer significant harm. The likelihood of significant harm for the purposes of section 31(2) of the Children Act 1989 did not mean that it had to be more probable than not, only that it had to be a real possibility or one that could not sensibly be ignored, Re H (minors) (sexual abuse: standard of proof) [1996] AC 563 HL followed. Although it had to be established on the balance of probabilities that there were facts from which a real risk of significant harm could be inferred, the judge’s explanation of his conclusion indicated that he had wrongly equated likelihood with probability, Re B (children) (sexual abuse: standard of proof) [2008] UKHL 35, (2009) 1 AC 11 considered. Furthermore, in his judgment the judge had referred to the placement of both children with the parents for a trial period of six months and the need for the submission of amended care plans. That indicated that he had forgotten the effect of his conclusion in relation to the threshold in M’s case and that he considered that the safety of M, as well as of S, required a degree of continuing local authority control following what should be only a trial placement with the parents. That conclusion of the judge and the unanimous professional opinion that it was too dangerous to restore either of the children to the parents at all were consistent only with a conclusion that in the case of M there was a likelihood that she would suffer significant harm if placed with the parents otherwise than under a care order. (3) The weight of the evidence led to the conclusion that the threshold was crossed in M’s case. The judge’s decision was set aside and an interim care order made. Appeal allowed. Care orders – Interim orders – Likelihood of significant harm – Weight of evidencecenter_img Michael Harrison QC, Joanna Cross (instructed by in-house solicitor) for the appellant; Sarah Singleton QC, Catherine Mason (instructed by Baker Brown (Halifax)) for the first respondent: Roger Bickerdike (instructed by Willscroft (Bradford)) for the second respondent: Sally Beaumont (instructed by Makin Dixon (Halifax)) for the third respondent; John Hayes (instructed by Finn Gledhill (Halifax)) for the fourth respondent.last_img read more

Open all hours

first_img Eduardo Reyes is Gazette features editor Anyone who’s taken time out to read my recent Gazette features will know that I’ve received many pieces of legal services and legal market surveys and research down the years. Sometimes they impress, and sometimes they don’t – and unlike restaurant critics who haven’t worked as chefs, I’ve had to put my credibility on the line by doing surveys that are judged by others. One finding that caught my eye recently was from a survey conducted by Peppermint Technology, who worked with some of the names that commonly get mentioned in the same sentence as the phrases ‘brave new world’ and ‘legal services market’. 81% of ‘consumers’ (I know, I know, ‘client’ is my preferred word too), ‘are in favour of an out of hours service’ the Peppermint survey found. Is that a challenge to most practices? No part of the legal profession works notoriously short hours. I think most emails from my solicitor about arrive on Sunday, or in the evening, and I know he isn’t unusual. So why does a finding like Peppermint’s sound like it might require a change in solicitors’ working habits if they are to compete with newer, larger market entrants? Is this consumer/client preference a ‘challenge’ to a small practice? Presumably not, though that does not mean that no action is required. I suspect that this is mostly a challenge of communication. For many solicitors their commitment and availability is there – it just isn’t worn on their sleeve in the way that banks, say, broadcast 24-7 telephone services. But if a practice can devise a way to state its commitment, and somehow define post-5.30pm availability (ring-fenced and made predictable for reasons of sanity and a home life of course), this is surely an area where smaller practices shouldn’t fear new market entrants? last_img read more

Two new for C.H. Robinson

first_imgErwin Dhaene, who was previously responsible for the company’s ocean product developments in Europe, has been appointed manager of the Antwerp office, while the new Vietnamese office will be headed up by Roy Chau, who has served as sales and marketing manager at C.H. Robinson for six years.Alongside the two new offices, two directors have also been appointed to C.H. Robinson’s European corporate headquarters in Amsterdam.Jesper Lund has been named sales director of Europe global forwarding, where he will lead the commercial activities of the global forwarding division within the region; and Eric Padmos has been appointed operations director of Europe global forwarding.www.chrobinson.comlast_img

OSE receives new diesel locos

first_imgNEXT MONTH is due to see the delivery of the final four of 10 additional Class 220 main line diesel locos which OSE has ordered from Bombardier. The first three arrived at the Rentis depot in Athens on November 24 last year, and three more during January.Rated at 2000 kW, the 160 km/h units are identical to the A471 to A496 series supplied by Adtranz in 1998, and are numbered 027 to 036.By the end of March OSE had put the first four locos into revenue service on local trains between Athens and Stylis and on express parcels services to Thessaloniki.CAPTION: Bombardier-built locos 220 031 and 220 029 at Athens Rentis depot on January 28Photo: Artemis Klonoslast_img

Jamaican Sprinter Usain Bolt Says Open to Comeback, If Coach Asks

first_imgThe world 100m and 200m record holder and eight-time Olympic champion told Variety magazine he had no plans to resurrect his sprinting career. “I got sick that first week as I was scared to fall asleep, so I stayed up at nights just watching her,” he said. Bolt said fatherhood was “harder than breaking a world record”. Olympia Lightning Bolt “My coach gets too excited when I come to the track, so I stay away,” he said. “So I know if he says we’re going to do this, I know it’s possible. Give Glen Mills a call, and I’ll be back.” Bolt, meanwhile, said he is adjusting to life as a father after he and partner Kasi Bennett welcomed a baby girl in May.center_img “If my coach came back and told me, ‘Let’s do this,’ I will, because I believe so much in my coach,” Bolt said. Bolt, who last competed internationally at the World Championships in London in 2017 where he won bronze in the 100m, said he does not visit the track any more. “I am a heavy sleeper but I have learned that I am going to wake up, I am going to get up no matter what; I am getting better and I am learning.” (Jamaica Observer) Jamaican sprint king Usain Bolt has hinted he could be tempted out of retirement if former Coach Glen Mills asked him. However, the 33-year-old told the magazine in a video interview he would at least consider a comeback if veteran Coach Mills asked him.last_img read more

Antiguan court building evacuated following bomb scare

first_img Sharing is caring! Share Tweet Antigua Court House (photo: www.panoramio.com)ST JOHN’S, Antigua (CMC) – Workers at the High Court and government officers were forced to evacuate their buildings on Friday after a man claimed he had placed explosive devices there.Police Commissioner Wendell Robinson told the Caribbean Media Corporation (CMC) that the man had phoned in to say that explosive dives had been planted at the building on the eastern end of the capital city.The building is in close proximity to those that houses the Office of the Prime Minister and the Ministries of Finance and Tourism.Lawyers, court staff and laymen gathered outside as police swept the buildings for any explosive device and the all clear was given an hour later.At the time of the hoax, the courts were hearing two criminal and two civil matters.The police have since launched an investigation into the matter. 171 Views   no discussionscenter_img NewsRegional Antiguan court building evacuated following bomb scare by: Caribbean Media Corporation – September 25, 2015 Share Sharelast_img read more

Longacre Elementary students thank Beaumont front line workers

first_imgAs Farmington Public Schools students enter their third week of on-line learning, teachers and students have made the best of things with video chats, online counseling sessions, fun and instructional videos, and more.Students at Longacre Elementary recently took on a kindness project, making cards and writing letters for healthcare workers at Beaumont-Farmington Hills Hospital to thank them for their hard work and dedication.They uploaded their work to Principal Rhonda Henry’s Google classroom, and she created a video and slideshow.A Longacre Elementary parent, who is a Beaumont nurse, presented these at a hospital leadership team meeting:Thank you videoThank you slideshow“This activity provided our students with the opportunity to do something within their circle of control, to brighten the exhausting days of our Farmington health care workers,” Henry said. Reported by Farmington Voice Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Pinterest (Opens in new window)last_img read more

ZTE to Build Europe’s First 5G Pre-Commercial Network Using the 3.6-3.8 GHz Band

first_imgZTE Corporation has announced its partnership with Wind Tre and Open Fiber to build Europe’s first 5G pre-commercial network in the 3.6-3.8 GHz band.In early 2017, the Italian Government announced its intent to take the lead in rolling out the EU 5G Action Plan, in a move to encourage Italy’s top operators to build 5G networks to promote Italy’s 5G commercialization, with five pilot cities having been selected. The trials are important milestones in the 5G Action Plan. Wind Tre and Open Fiber will partner with ZTE in conducting 5G pre-commercial trials in the Italian provinces of L’Aquila and Prato.ZTE plans to provide the most advanced 5G end-to-end network solution for the pre-commercial field test and partner with Wind Tre, Open Fiber, local universities, and enterprises to comprehensively test and verify 5G technical performance, network architecture, 4G/5G network integration and future 5G use cases, including AR/VR, smart city, public safety, 5G healthcare and Industry 4.0.To date, ZTE has signed 5G strategic partnerships with China Mobile, China Telecom, China Unicom, SoftBank, Telefonica, Belgium’s Telenet and South Korea’s KT, as well as engaged in technical and industrial collaborations with several other carriers. Looking ahead, ZTE plans to continue working with its partners in conducting 5G tests and trials and in promoting the commercialization of 5G worldwide, in a move to offer the full gamut of the soon-to-be-available 5G experience.last_img read more

4th MVP title for June Mar?

first_img[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”][av_heading heading=’ 4th MVP title for June Mar? ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]BY ADRIAN STEWART CO[/av_heading][av_textblock size=” font_color=” color=”]Sunday, October 1, 2017[/av_textblock][av_textblock size=” font_color=” color=”]MANILA – San Miguel Beermen star June Mar Fajardo is heavily favored to capture his fourth consecutive PBA Most Valuable Player (MVP) trophy as the league’s 42nd season nears its end. Fajardo emerged as the top MVP candidate with his 38.4 statistical points (SP) total after the Governors’ Cup elimination round.The 6-foot-10 native of Pinamungahan, Cebu also claimed the Best Player of the Conference (BPC) title in the Philippine Cup, where Beermen captured its third straight championship.While Fajardo is also the leading candidate for BPC in the ongoing Governors’ Cup, his chances diminished as Beermen got booted out in the quarterfinals.Coming in second place is Fajardo’s teammate Alex Cabagnot, who had 33.5 SPs total, followed by GlobalPort Batang Pier’s Terrence Romeo (32.0), Beermen’s Arwind Santos (31.5) and TNT KaTropa’s Jayson Castro (31.11).If Fajardo bags his fourth consecutive MVP trophy, he will be tied with PBA legends Ramon Fernandez of Beermen and Alvin Patrimonio of Purefoods for the most MVP trophies.Meanwhile, Filipino-Canadian 3-point gunner Matthew Wright of Phoenix Fuel Masters is the top candidate for the Season 2016-2017’s Rookie of the Year citation.Wright, a member of Gilas Pilipinas, had a total of 26.07 SPs. KaTropa’s Roger Pogoy follows with 23.06 total SPs.Rounding out the top five are Star Hotshots’ Jio Jalalon (21.59), Barangay Ginebra San Miguel Kings’ Kevin Ferrer (15.83) and Kia Picanto’s Reden Celda (13.2)./PN[/av_textblock][/av_one_full]last_img read more

UWF Volleyball Announces Three Newcomers for 2008 Season

first_img June 25, 2008PENSACOLA, Fla. – After a record-breaking 2007 season, UWF Volleyball lost three seniors who proved to be important in the road to the NCAA national tournament despite being defeated by Central Missouri. The 2008 season, however, brings three transfer newcomers to the Argos. Head Coach Melissa Wolter has added two middle hitters and one outside hitter to join the Argonaut volleyball squad in 2008. Patricia Gandolfo and Valissia Brathwaite will join as juniors, while Morgan Elyea will be a sophomore.Patricia Gandolfo is a middle hitter from Porto Alegre, Brazil, transferring from Missouri State University – West Plains, a DI NJCAA community college. Gandolfo helped lead her team to an overall record of 72-20 and a 3rd place finish at the NJCAA national tournament in 2006 and an 11th place finish in 2007. The 6’3″ middle hitter was named NJCAA and AVCA 1st Team All-American in 2006 and 2nd Team All-American in 2007. “We are very excited to have Patricia join our program. She presents great size, work ethic and experience at a high level. We anticipate her making an immediate impact to our program,” says Coach Wolter. Gandolfo is also excited for the opportunity to play at West Florida, stating, “This volleyball program makes sure that an athlete not only plays volleyball, but makes education a priority. I want to be challenged and that’s what UWF volleyball is all about!”Sophomore Morgan Elyea comes to UWF after just one season as a middle hitter at Northern Kentucky University. “Her experience playing high level club ball and seeing floor time already as a college freshmen will really help our depth in the Middle Hitter position,” says Coach Wolter. Elyea, hailing from New Castle, Indiana, helped NKU to a 26-9 overall record in 2007. She played 6 years for Muciana Volleyball Club and made 3 National appearances. When asked about why she chose West Florida, Elyea responded, “After meeting the team, practicing with them and spending time with the players, I just knew it was the right fit for me. They are a family and welcomed me immediately. They work hard, push each other and I’m very excited to be a part of this!”The only outside hitter newcomer to West Florida volleyball is a junior transfer from Palm Beach Community College. Valissia Brathwaite is a native of the British Virgin Islands, and played her first two years of college at NJCAA DI Palm Beach Community College where she helped lead her team to a 44-28 overall record and a third place finish at the State Tournament both years. “We are very excited to have Val joining our team this fall. She is a phenomenal athlete that is going to progress very well in our style of training. She represents a big, physical outside hitter which will help round out our roster,” Coach Wolter comments. In addition to attending State tournament, Brathwaite was named Athlete of the Year, Second Team All-Conference, and to the All-tournament team at the FCCJ tournament.In addition to new players, Coach Wolter also begins the 2008 season with a new staff of two graduate assistant coaches. Rafaella Maranhao joins the West Florida coaching staff after a three-year stint with GSC competitor University of West Alabama. Coach Wolter states “Rafa Maranhao is going to be a great addition to our coaching staff. She has 3 years of experience competing in the Gulf South Conference and understands what it takes to be successful in this league. Rafa was a great competitor on the court with an exciting energy about her. She’s anxious to get into the coaching profession and we are really looking forward to adding her experience, passion for the game and knowledge of what it takes to be a successful student athlete.” As a player Maranhao helped the UWA volleyball team to finish third in the GSC in 2007. She finished her senior season with a winning record of 27-6. She was third on the team in kills, with 3.20 point per game, and third in service aces with 45 aces. In 2005, she recorded 326 digs, including 39 against Ouachita Baptist on 9/3/05 making the 2005 Division II 30- Dig Club before a season-ending knee injury. Previously, Maranhao was an assistant coach for Magic City Thunder Club in Birmingham for 8th grade girls in the spring of 2007. She has also coached summer volleyball camps since 2005 for the University of Florida, University of Tampa, and Florida Southern College.West Florida graduate Marcela Cunha returns also as a graduate assistant for UWF volleyball this season. “We are very excited about bringing Marcela Cunha back into the UWF Volleyball Program. She’s been in the area and has never truly left the program as she’s attended almost all of our home matches. She is one of the smartest volleyball players that I’ve ever coached and has always seemed to look at the game from a coach’s perspective. The transition from player to coach should be an easy one for Marcela. I’m anxious to have Marcela on our staff, helping us break ground into new territory,” says Coach Wolter about one of her own. Cunha spent three years as an Argo and helped lead the team to its first NCAA Tournament appearance. In 2004, her 59 assists against Northwest Missouri (9/10) led to a number four ranking in school history for single-match highs. In 2007, she led the team in assists with 7.73 assists per game and was named to the All-GSC Second Team. As a coach, Cunha has coached summer volleyball camps at Northern Kentucky University in 2002 and at the University Of West Florida in 2004, 2006, and 2007. Print Friendly Version UWF Volleyball Announces Three Newcomers for 2008 Season Sharelast_img read more