Tag: child’s welfare

Who’s the Mummy (or Daddy… or Parent)? Trans parents: law, identity and birth registration in England and Wales

Posted on by foluke.adebisi

Liam Davis is a law PhD student at the University of Bristol. He tweets as @LiamJamesDavis.

With diverse formally formations increasing, it is arguable that the birth registration system is not fit for purpose because it is tethered to ‘traditional’ understandings of family life and cannot adequately account for ‘modern’ families. This post considers mismatches between law and identity within birth registration for trans parents.

This post is inspired by my article, “Deconstructing tradition: Trans reproduction and the need to reform birth registration in England and Wales”, published in the International Journal of Transgender Health. A limited amount of free copies are available direct from the publisher, here. Otherwise, you can request an Open Access copy through my university profile/emailing me, or by tweeting me.

Background

You would be forgiven for thinking that the term “male mother” is  an oxymoron, but this is the conclusion the Court of Appeal reached in R (McConnell) v The Registrar General for England and Wales [2020] EWCA Civ 559 regarding a trans man, Freddy McConnell, who gave birth and wanted to be registered as his child’s father (or parent) on the birth certificate. (more…)

Dicta… Dictators and Law

Posted on by legalresearch

By Prof Judith Masson, Professor of Socio-Legal Studies (University of Bristol Law School).

One key piece of knowledge all law students are expected to grasp early on in their legal career is the difference between what a judge says – dicta or obiter dicta and what a case means – the ratio or ratio decidendi. Even when they know the difference, students and practising barristers often prefer to reach for a quotation from a case. It can be comforting to use a well-rounded phrase from Smith J or Jones LJ and it may at first glance suggest wisdom when it really is just about memory. However, reliance on dicta is a really bad habit, does not make better lawyers and can seriously undermine what the law means.

In the hands of some judges dicta are powerful ways of communicating ideas – judicial soundbites – which make the case and the judge memorable. Lord Denning was a past master at this, making it easy to remember the facts of cases, but not always the law. Indeed Lord Denning’s skill with language enabled him to make or even make up law. Of course he was largely dealing with Common Law, developing contract and tort law rather than interpreting statute. (more…)

Ellie Butler: child welfare v parents’ rights

Posted on by legalresearch

By Prof Judith Masson, Professor of Socio-Legal Studies (University of Bristol Law School).

© PA
© PA

In all the commentary on the tragic death of Ellie Butler, there has been very little discussion of the decision made to return Ellie to her parents. This was a truly exceptional decision. Ellie had been living with her grand-parents, her special guardians, for 5 years. She had not lived with her mother since she was admitted to hospital at the age of 6 weeks and never lived with her parents together. Indeed her parents only started living together shortly before she was returned to them. Ellie had had very little contact with her parents; contact had been limited by the court and the mother and father did not attend many of their contact sessions. The people who parented Ellie were her grand-parents; she and her parents hardly knew each other.

Special guardianship orders (SGOs) were introduced in 2002 to provide a framework for permanent care where adoption was not appropriate where children were being cared for within their wider family, as Ellie was, also for older children who have enduring relationships with parents who cannot care for them. Approximately 7,000 SGOs are made each year, around 5,000 in child protection proceedings and 2,000 for children who are not in state care. (more…)