Similarities and Differences

I have spent a week away from home attending the five days of the Kopaonik School of Natural Law held 1700 metres up the highest mountain in Serbia.

Full article: Family Law

Finance & Divorce Winter Update 2011

Joanna Grandfield, with Mills & Reeve, reviews the latest key financial remedy cases.

Full article: Family Law Week

Thinking the European unthinkable

How would it be if we were no longer sitting at the EU family law table? This brief note ponders the gains and losses.

Full article: Family Law

Divorce update

Austin Chessell offers practical tips on how to resolve Christmas holiday contact through mediation, and considers the first prenuptial agreement case after Radmacher.

Full article: Solicitors Journal

Human Rights Update – December 2011

Deirdre Fottrell of Coram Chambers considers two recent judgments relating to human rights and family law.

Full article: Family Law Week

The EU Maintenance Regulation and transitional provision

Transitional provisions are invariably the least exciting part of any new legislation. Most practitioners keep fingers tightly crossed that by the time they have to refer to the new legislation, events will have moved on and it will be entirely academic.

Full article: Family Law

Pre-nuptial agreements post-Radmacher

Mr Justice Moor’s decision in Z v Z [2011] EWHC 2878 (Fam) is believed to be the first contested case in the High Court in which the principles of Radmacher have been considered.

Full article: Law Society Gazette

Family Arbitration: An Introduction

In his keynote address, delivered at a reception hosted by Collaborative Family Law last week, Lord Wilson of Culworth referred to the advent of an arbitration scheme to determine family disputes. This article offers an explanation as to how that scheme, which will be launched in February 2012, will work.

Full article: Family Law Week

S v C: Re E Revisited

Jennifer Perrins of 1 King's Bench Walk, considers the Court of Appeal's judgment in S v C, the first appeal concerning an Article 13b 'defence' under the Hague Convention following the Supreme Court's decision in Re E (Children) (Abduction: Custody Appeal).

Full article: Family Law Week

Children: Public Law Update (November 2011)

John Tughan reviews the more important judgments affecting public law children work over recent months.

Full article: Family Law Week

Alternative Methods of Family Dispute Resolution

The keynote address by Lord Wilson of Culworth, delivered at a reception at The Reform Club on 29 November 2011 hosted by Collaborative Family Law.

Full article: Family Law Week

One step forward, one step back: Jones v Kernott

Alexander Chandler of 1 Garden Court analyses the Supreme Court judgment in Jones v Kernott and evaluates the extent to which it clarifies the law applicable to the determination of cohabitation disputes.

Full article: Family Law Week

The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 2.

In the second of a Two Part Article, Christian Jowett and Rhys Taylor of Temple Chambers offer insights for the family lawyer into the law and practice of confiscation proceedings and their impact on financial remedy proceedings.

Full article: Family Law Week

Statutory reform is needed to create a fair judicial process for cohabitants

On 9 November the Supreme Court delivered its judgment in Kernott v Jones, a case concerning the property rights of cohabitants.

Full article: Law Society Gazette

Ante-Nuptial Agreements and the Sharing Principle post Radmacher: Z v Z [2011] EWHC 2878

What was abundantly clear from the Supreme Court's decision in Radmacher v Granatino [2010] was that, until Parliament addressed the issue, whatever the wording of an ante-nuptial agreement between the parties, upon distribution on divorce, the ‘needs level' of either party would continue to be protected under the s 25 statutory exercise.

Full article: Family Law

The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 1.

In the first of a two part Article, Christian Jowett and Rhys Taylor of Temple Chambers offer insights for the family lawyer into the law and practice of confiscation proceedings and their impact on financial remedy proceedings.

Full article: Family Law Week

Cross Border All-Ireland Family Law Initiative

At the weekend, 11th of November 2011, there was a historic launch in Belfast of a cross-border initiative between the family lawyers of Northern Ireland and the Republic of Ireland.

Full article: Family Law

Fair and loathing

The ruling in Jones v Kernott indicates the court will take greater account of what it considers 'fair' in cohabitation disputes, but will it bring about substantial change or will campaigners have to wait for legislation to reform the law?

Full article: Solicitors Journal

Jones v Kernott – Another helping of the witches brew?

The long-awaited judgment of the Supreme Court is with us, but does it delight or disappoint?

Full article: Family Law Week

Mesher Orders in Practice

Richard Tambling of One Garden Court reviews the legal and practical issues arising in financial remedies cases where Mesher orders may be the appropriate solution.

Full article: Family Law Week

Jones v Kernott – A not-so-common intention

I am not going to regurgitate the facts of Jones v Kernott [2011] UKSC 53 which, although unusual, are now well known and a summary can be found here.

Full article: Family Law

Review means family justice changes are needed

The final report of the Family Justice Review published last week describes delays in public law as scandalous, with care proceedings taking on average over a year to complete and private law cases an average of 32 weeks - delays which risk incalculable harm to already vulnerable children and families.

Full article: Law Society Gazette

Norgrove review could have gone further

The Norgrove review of family law has made some worthwhile recommendations but has missed an opportunity for a more radical overhaul, says Jon Armstrong.

Full article: Solicitors Journal

The court of protection: defender of the vulnerable or shadowy and unjust?

Court hears 23,000 often harrowing cases a year, making decisions for people unable to manage their own affairs.

Full article: The Guardian

Finance & Divorce Update Autumn 2011

Joanna Grandfield, with Mills & Reeve, reviews the latest key matrimonial finance cases from the summer and early autumn.

Full article: Family Law Week

Family Justice Review – a few thoughts

And the answer is... yes - the Family Justice Review Panel has recommended in its final report the abolition of the terms contact and residence in favour of "child arrangements orders".

Full article: Family Law

Parallel Universe

I can't imagine many policy makers will read more than three of the 225 pages of the Family Justice Review Committee's final report.

Full article: Family Law

Family Justice Review Analysis: Mark Paulson, The Law Society

The Ministry of Justice today published the Family Justice Review's final report. The report's recommendations will need careful studying by everyone working in family justice - judges, lawyers, social workers and guardians.

Full article: Family Law

Children's welfare should not be trumped by parents' rights

It is right to try to keep families together, but we must be quicker to recognise when that's not possible.

Full article: The Guardian

Features of Islamic family law

The Institute of Advanced Legal Studies held an informative evening presentation on 27 October on Islamic family law and practice given by Aina Khan, a family lawyer with a distinctive Islamic based practice at Russell Jones and Walker.

Full article: Family Law

Untying The Knot

The dissolution of a marriage is not often straightforward and can be complicated by the dividing up of both parties' pension provision.

Full article: Mondaq (registration required)

Difficult decisions

I wrote an article which appears in October's Family Law regarding a case where foster carers applied to adopt two children disrupting the introductions to adopters which had all but concluded.

Full article: Family Law

National Approaches to Surrogacy and International Regulation

Michael Edwards of 4 Paper Buildings and Colin Rogerson of Dawson Cornwell report on the proceedings at the Workshop on National Approaches to Surrogacy, University of Aberdeen between 30 August 2011 and 1 September 2011.

Full article: Family Law Week

Law Reforms in Euro zone crisis countries

News reaches of another southern Mediterranean country, Italy, facing financial crisis with more problems for the Euro currency and with the remaining EU countries expected to bail them out or write off their debts.

Full article: Family Law

Kernott v Jones and the principled approach to Constructive Trust

In anticipation of the Supreme Court’s judgment in Kernott v Jones, Peter Ryder, solicitor considers the principles that the court should apply in deciding property disputes in cohabitation disputes.

Full article: Family Law Week

Will the Government listen to one of their own on legal aid?

In the debate surrounding the Legal Aid, Sentencing and Punishment of Offenders Bill there has recently been a glimmer of hope that some of the government may in fact be listening to the serious concerns about the impact of the proposals, namely the Attorney-General Dominic Grieve, who has recently been reported to be prepared to intervene on the issue.

Full article: The Lawyer

Family crisis

The government’s Legal Aid, Sentencing and Punishment of Offenders Bill will reach committee stage on the 11th October 2011.

Full article: Law Society Gazette

No more Payne

Recent appeal rulings in relocation cases have crystallised judges' growing concerns over the Payne guidance but they’re not the medication parents looking to move were hoping for, says Teresa Davidson.

Full article: Solicitors Journal

International surrogacy and judicial continuity

By dint of being let down at the last minute by one of my contributors and with the deadline for submitting to my publishers the second edition of the Jordans international book approaching in a matter of days, I found myself on Saturday morning getting to grips with international surrogacy law and practice, admittedly after good preparation from the Rugby.

Full article: Family Law

Appealing joint lives orders: what not to do

Byron James of 14 Gray's Inn Square, considers joint lives orders in the light of the Court of Appeal's judgment in N v N.

Full article: Family Law Week

Court of Protection Update (October 2011)

Sally Bradley of 4 Paper Buildings considers recent cases in the Court of Protection including W v M, the 'right to die' case.

Full article: Family Law Week

If we think the family courts in England are bad...!

It is very easy for us to become despondent when working daily in the family courts including dealings with the LSC, the CSA and others. There is rarely sign of improvement. There are too often signs of deteriorating standards through public service cuts. We must however recognise our fortunate position working in the family justice system in England in contrast to our colleagues, family law specialists, in other jurisdictions.

Full article: Family Law

Children Proceedings after Parental Murder – How Should They be Funded?

Rebecca Stevens, Solicitor-Advocate with Withy King Solicitors, considers the funding issues faced when resolving issues relating to the children of a murdered parent.

Full article: Family Law Week

The wake-up call of Baby P

Peter's death has led to social workers who fear risk but are less naive about deceitful abusers.

Full article: The Guardian

German precision and Spanish practices

One of the most important things when dealing with a case with an international element is never to presume the foreign law will be the same as England even if it looks similar.

Full article: Family Law

Unless orders - securing a party’s compliance

Unless orders (otherwise known as Hadkinson orders) were established in Hadkinson v Hadkinson [1952] P 285, CA. Although still relatively uncommon, there has been a series of reported cases where the power has been used by the courts over the last few years.

Full article: Law Society Gazette

International Children Law Update - September 2011

Jacqueline Renton of 4 Paper Buildings reviews the latest key decisions in international children law.

Full article: Family Law Week

Setting the Record Straight

The judgments in the Victoria Haigh case have now been published, reported as Doncaster Metropolitan Borough Council v Watson [2011] EWHC B15 (Fam) and Doncaster Metropolitan Borough Council v Haigh [2011] EWHC B16 (Fam).

Full article: Family Law

Children: Private Law Update (September 2011)

Alex Verdan QC reviews the most significant of the latest judgments in private law Children applications, including the important decisions of the Court of Appeal relating to leave to remove.

Full article: Family Law Week

A cool summer for international family law

If it was going to be the coldest summer for many years, then perhaps not the worst time to spend it indoors with the Redbook!

Full article: Family Law

Mr Justice Moylan gives a boost to spouses with inherited wealth

In a recent decision in the High Court Mr Justice Moylan has given encouragement to spouses who seek to preserve inherited or pre-acquired wealth.

Full article: Zenith Chambers

Legal aspects of living under the same roof during divorce: the Rise of the “Mid-Nuptial Agreement"

Alison Hawes, Partner, Irwin Mitchell LLP reviews the practical problems and associated legal issues that can arise where parties want to divorce but the principal asset cannot be realised because of a stagnant property market.

Full article: Family Law Week

Landmark divorce case could stop expats moving children 'home'

Last month, an expat Canadian was forbidden from taking her two young children back to her home country after a divorce. The case, says lawyer Henry Brookman, could set a precedent.

Full article: The Telegraph

More litigants in person will threaten the county courts with additional delays

The House of Commons’ justice committee, chaired by Sir Alan Beith MP, predicts an increasing number of litigants in person by reason of the government’s curtailment of legal aid. We are told courts must make ‘adjustments’ to cope with this influx ‘in what are often emotionally charged cases’.

Full article: Law Society Gazette

Will children's centres reduce the number of children in care?

Will the launch of payment-by-results pilots at some children's centres, better protect and help at-risk children?

Full article: Community Care

Growing problem of child abduction

Almost every other day a child is abducted from England and Wales to a country where they are unprotected by international conventions to ensure their return home.

Full article: Law Society Gazette

The best-performing family court in the country

Derby's designated family judge, James Orrell, presides over the best performing family court in the country.

Full article: Community Care

UK rejects EU draft Marital Property Regimes Regulation

The UK has decided not to opt into the draft EU marital property regimes Regulation, published in March 2011.

Full article: Family Law

Relocation: Reform? Comments from the Relocation Campaign

Michael Robinson of The Custody Minefield and Relocation Campaign responds to the recent articles by Richard Gregorian and Gavin Emerson concerning leave to remove applications, Payne v Payne and post-Payne developments.

Full article: Family Law Week

Ofsted begins shake-up of children's services inspections following review

Ofsted has given a clear indication of how children's services inspections will work in the future in its consultation on the child protection system.

Full article: Children & Young People Now

Discretion - Variation on a theme

The more difficult cases are where there is not enough capital to rehouse both spouses and/or where periodical payments are an inevitable part of any package.

Full article: Family Law

Human Rights and Family Law Summer Update 2011

Deirdre Fottrell, of Coram Chambers and Lecturer in Law at the Human Rights Centre, University of Essex, reviews recent family law cases in which human rights issues have been of special importance.

Full article: Family Law Week

A Fair Hearing?

Every solicitor owes a duty of confidentiality to their client but in most family cases that confidentiality is extended by virtue of the restrictions on reporting.

Full article: Family Law

Martin Narey: Adoption has to come back into fashion

We must overcome our misguided reluctance to remove children from abusive families, and transform their lives.

Full article: The Independent on Sunday

Children: Public Law Update (July 2011)

John Tughan, of 4 Paper Buildings reviews recent developments in Public Law Children.

Full article: Family Law Week

Minister accepts Munro vision of less red tape

After formally commissioning a comprehensive review of child protection in June last year, the government's response to Professor Eileen Munro's report marks an important step in mapping out its future strategy for safeguarding the country's most vulnerable children.

Full article: Children & Young People Now

Cost Orders in Public Law Proceedings: A New Approach?

Does the general rule of ‘no order as to costs’ still apply in public law Children proceedings? Harry Nosworthy reviews recent judgments which suggest that the courts are now readier to make costs orders.

Full article: Family Law Week

Leave to Remove – Improving Due Process

Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors argue that the focus in defending leave to remove proceedings should be on ensuring due process.

Full article: Family Law Week

The new EU maintenance regulations, does it apply to your clients?

The new EU Maintenance Regulation which has replaced Brussels I came into force on 18 June 2011.

Full article: Family Law

Home And Away

As family life becomes more international, the movement of children between different countries becomes a more common problem for separating parents and for the courts to grapple with.

Full article: Mondaq (registration required)

Harmony In Europe? An English perspective

On 18 June 2011, the EU Maintenance Regulation1 (EC No 4/2009) came into force, replacing what has colloquially been known as 'Brussels I' (Council Regulation No 44/2001) for all issues arising in the family context which relate to maintenance.

Full article: Mondaq (registration required)

Jaw Jaw Not War War

On 6 April 2011, a Pre-Action Protocol was launched together with the New Family Procedure Rules.

Full article: Mondaq (registration required)

The price of love - will London remain the 'divorce capital of the world'?

A string of key rulings have kept high-net divorces in the headlines. Helen Mooney charts the changing law and 
asks if London will remain the ‘divorce capital of the world’.

Full article: Legalweek

Finance & Divorce Update Summer 2011

Joanna Grandfield, with Mills & Reeve, analyses the latest key matrimonial finance cases.

Full article: Family Law Week

Imerman down under

At the 12th Australian Family Lawyers Conference held in Singapore in June 2011 the opportunity was taken during an Ethics workshop led by Federal Magistrate Tom Altobelli to consider appropriate self-help measures in obtaining disclosure.

Full article: Family Law

The End of Payne?

Andrea Watts of 1 King’s Bench Walk considers the Court of Appeal’s judgment in Re K (Children) [2011] EWCA Civ 793 and its impact on pre-existing case law and, in particular, Payne v Payne.

Full article: Family Law Week

The EU Mediation Directive

The Directive of the European Parliament and of the European Council of 21 May 2008 on Certain Aspects of Mediation in Civil and Commercial Matters (2008/52) has been adopted by the UK government.

Full article: Family Law

Leave to Remove and the Payne Discipline – Breaking the Impasse

In this two-part article Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors explain the difficulties they perceive with the arguments relied on by critics of Payne v Payne and why the focus in defending these critically important proceedings should be on ensuring due process.

Full article: Family Law Week

Divorce and inherited assets

Earlier this year I provided an update regarding the family courts’ treatment of inherited assets upon divorce.

Full article: Law Society Gazette

Section 91(14) Orders – A Never Ending Story?

Lucy Reed, of St John’s Chambers, Bristol, reviews recent examples of the court’s application of section 91(14).

Full article: Family Law Week

Fees for independent social work experts must be fair

By Richard J Jack, director of the Confederation of Independent Social Work Agencies.

Full article: Law Society Gazette

Family law: lessons to be learned from north of the border?

The family law system in Scotland is quite different from that in England and Wales. For a couple who divide their time between the two countries, choosing the correct jurisdiction is vital.

Full article: Law Society Gazette

Relationships are not built in a day……

Andrew Commins, of St John's Chambers, Bristol, considers the changing nature of relationships and the legal significance of their distinctions.

Full article: Family Law Week

Domestic regulations for the new EU Maintenance Regulation

The EU Maintenance Regulation came into force on Saturday, 18 of June 2011.

Full article: Family Law

Re T (A Child: Murdered Parent) and Injunctions in the Family Courts

Andrew Willetts, of King’s Bench Chambers, Plymouth, considers the recent case of Re T (A Child: Murdered Parent) and the court’s injunctive powers to protect children from a non-resident parent.

Full article: Family Law Week

Many solicitors remain worryingly ignorant of the Get

A Get is a Jewish divorce document that dissolves the marriage of a Jewish couple.

Full article: Law Society Gazette

The New Maintenance Regulation: A Guide for Family Lawyers

Eleri Jones provides an overview of the key aspects of the new EU Maintenance Regulation which comes into force on the 18th June.

Full article: Family Law Week

Munro Debate: A critical take on the review and Professor Munro's reply

Professor Eileen Munro's final report has been widely welcomed but child protection consultant Perdeep Gill and social worker Julie Sheppard believe she has failed to offer concrete solutions to key questions. In a response Professor Munro defends her approach and recommendations.

Full article: Community Care

The Supreme Court's Decision in Re E (Children) (FC) and the Article 13(b) Defence – Initial Considerations

Jacqueline Renton, of 4 Paper Buildings, offers some initial thoughts on the Supreme Court's judgment in Re E (Children).

Full article: Family Law Week

Divorcing a bankrupt: where insolvency law meets ancillary relief

Henry Clayton of 4 Paper Buildings summarises the law on the interface between bankruptcy and ancillary relief in the light of the decision of Jackson J in Mekarska v Ruiz.

Full article: Family Law Week

Finance & Divorce Update – May 2011

Joanna Grandfield of Mills & Reeve analyses the latest key matrimonial finance cases.

Full article: Family Law Week

Family Law – The Norwegian Blue?

Speaking a couple of weeks ago Sir Paul Coleridge described our divorce and matrimonial finance laws as "a dead parrot".

Full article: Family Law

Munro: proceed with care

The Munro review of the child protection system has been greeted warmly, but Chris Ames questions if it can drive top-to-bottom transformation.

Full article: Public Service

Child maintenance: what the Duxbury?

The case of N v F [2011] EWHC 586 (fam) is primarily about the treatment of non-matrimonial assets - here assets of over £2m brought into the marriage by the husband.

Full article: Family Law

International relocation and child abduction: two sides of a different coin?

This week, in E (Children) UKSC 2011/0084, the Supreme Court heard argument about the correct approach to the Article 13(b) exception to the duty to return under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Full article: Family Law

Wealth Protection On Divorce In The Middle East: An Expatriate’s Guide To Ante-Nuptial Agreements - To Have And To Hold Or Not?

Most people living in the UK will know that the courts of England and Wales can make financial orders on divorce that can affect worldwide wealth (capital and income).

Full article: Mondaq (registration required)

Jurisdictional bases in new draft divorce petitions

Attached to the new FPR 2010 is a draft divorce petition, as it was to the 1991 Rules. However it will cause confusion and extra work for lawyers and courts as it does not include the separate Article 3 Brussels II jurisdictional grounds.

Full article: Family Law

Children: Private Law Update (May 2011)

Alex Verdan QC of 4 Paper Buildings reviews recent judgments and rule changes relating to private law children proceedings.

Full article: Family Law Week

Court of Protection Update (May 2011)

Sally Bradley, of 4 Paper Buildings considers a range of issues that have recently come before the Court of Protection.

Full article: Family Law Week

The race to litigate or leg it

One of the recommendations of the (interim) Family Justice Review is that parents be given a leaflet when they register the birth of their child providing an introduction to the meaning and practical implications of parental responsibility.

Full article: Family Law

Parent residence orders and relocation

One of the most difficult decisions a family judge can be called on to make is whether to grant permission to a parent with a residence order to relocate outside the jurisdiction of England and Wales.

Full article: Law Society Gazette

Should parties to family disputes be required to mediate?

For a number of years mediation has been recognised as being a form of alternative dispute resolution. In appropriate cases it has been an option considered by parties as a way of trying to compromise their family disputes.

Full article: Family Law

The High Court sitting on a Mediterranean beach

Mr Justice Mostyn received thoroughly unfair newspaper criticism last Sunday 24 April 2011, and in a way which did no good for perceptions about family justice.

Full article: Family Law

Fair Outcomes as Common Intentions? The Debate in Kernott v Jones

In advance of the Supreme Court’s consideration of Kernott v Jones, Dr Robert H. George, Senior Law Tutor, Jesus College, University of Oxford considers the role of fairness in the resolution of Cohabitation Claims disputes.

Full article: Family Law Week

Essential Family Procedure Rules 2010

District Judge Sue Spencer on the Family Procedure Rules 2010.

Full article: Law Society Gazette

Mesher Orders: you don’t always have to say ‘yes’

Byron James of 14 Gray's Inn Square considers the utility of Mesher Orders and asks whether they are always as suitable to the parties' needs as might be suggested by the case law.

Full article: Family Law Week

Kernott v Jones - Asking the Right Questions

Rawdon Crozier, of King's Bench & Godolphin Chambers, considers the questions that he hopes the Supreme Court will address in the forthcoming judgment in the Kernott v Jones appeal.

Full article: Family Law Week

Relocation – balancing interests

Contested international child relocation cases have profound effects on families.

Full article: Family Law

Strasbourg IAML European Chapter meeting

The IAML European Chapter has just held its annual meeting in Strasbourg.

Full article: Family Law

Civil Restraint Orders in the Family Courts

Matthew Burman, a pupil at Coram Chambers, considers a new addition to the family procedural code.

Full article: Family Law Week

The cost of reform

David Norgrove's interim report on the family justice system makes for sombre reading.

Full article: Family Law

D-Day: Navigating the new Rules. And the Practice Directions. And the Forms.

It's here. 6 April 2011. The date has taken on a daunting significance since we first learned that the Family Procedure Rules 2010 were on the way.

Full article: Family Law

Part III and Russian “divorce tourism”

The popular media predictably relished the sound bite given to them last Thursday when judgment was handed down in Golubovich.

Full article: Family Law

David Norgrove, Chair Family Justice Review, addresses Resolution conference

David Norgrove, Chair of the Family Justice Review delivered the keynote address to Resolution's national conference in Cardiff.

Full article: Resolution

Resolution national conference chairperson's address

Challenges & opportunities – the changing face of family practice.

Full article: Resolution

Family Procedure Rules 2010: A Guide to Private and Public Law Family Proceedings concerning Children

Clive Redley of Tooks Chambers, a member of the Family Procedure Rule Committee, provides a guide to the new Family Procedure Rules and their application to children applications, both Private Law and Public Law.

Full article: Family Law Week

Children: Public Law Update (April 2011)

John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children including several as yet unreported cases.

Full article: Family Law Week

The current child maintenance system does not work

Thursday 7 April sees the end of our three month consultation period on our green paper reforms ‘Strengthening families, promoting parental responsibility: the future of child maintenance’.

Full article: Law Society Gazette

Family Procedure Rules

The new Family Procedure Rules come into effect on 6 April. They are a welcome step in consolidating the existing disparate set of rules.

Full article: Law Society Gazette

EU proposals on marital property rights

The EU has just published its long-awaited proposals for divorce property rights in cross-border cases.

Full article: Family Law

Family Law Week's Budget Briefing

Vanessa Hamer, Tax Director with RSM Tenon, reviews the Chancellor's 2011 Budget announcements.

Full article: Family Law Week

Legal Update: Adoption cases

Ed Mitchell examines recent court cases concerning adoption, including an important ruling on the date of placement and the courts' view of publicity.

Full article: Community Care

In medias res: the final order has just been drawn; the wife has died; what is one to do?

Byron James, 14 Gray’s Inn Square, considers Barder events in the light of Richardson v Richardson.

Full article: Family Law Week

“The Tartan Divide” – a guide to matrimonial law in Scotland for Family Lawyers in England & Wales.

Lucia Clark of Morton Fraser LLP, a solicitor qualified and practising in both Scots and English family law, provides a practitioner’s guide to matrimonial law and practice in Scotland, and the similarities to and differences from the law of England and Wales.

Full article: Family Law Week

Hair strand testing to detect parental substance misuse

Hair tests have helped social workers with difficult child protection cases involving parental substance misuse, but they have their limits, reports Ben Willis.

Full article: Community Care

The new Family Procedure Rules 2010 in international cases

On 6 April, 2011, England and Wales has a new procedural set of rules with ancillary practice directions and very different forms.

Full article: Family Law

Family lawyers face up to challenges ahead

Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices.

Full article: Law Society Gazette

Brain hurt

Hayley Trim attends the Medical Evidence in Child Abuse Cases conference.

Full article: Family Law

Disclosure Issues and the Role of the Special Advocate

Anita Guha, barrister, of 7 Bedford Row, reviews the role of special advocates after the decision in Chief Constable and another v YK and others [2010] EWHC 2438.

Full article: Family Law Week

Cohabitation Law Update Spring 2011

John Wilson QC of One Hare Court’s review of law and procedure in Cohabitation Claims: spring 2011.

Full article: Family Law Week

Please just answer the question…

In October 2009 a mother took her two month old daughter to Reunion Island, the mother's country of origin, to live there permanently.

Full article: Family Law

Children: Private Law Update (February 2011)

Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law.

Full article: Family Law Week

When is a Fact Finding Hearing Necessary?

Rhiannon Davies and Charmian Gammon, Barristers of St Ives Chambers, consider the President's Guidance and recent caselaw relating to split hearings.

Full article: Family Law Week

Law-Shopping & Forum-Shopping in International Prenuptial Agreements

Drafting prenuptial agreements is always challenging but the complexities are greatly magnified when the clients are international, whether in their citizenship, the location of assets, their employment or their residency, or because such international connections are anticipated or reasonably on the horizon.

Full article: Family Law

The new mediation initiative in international cases

What impact will the new mediation imperative in the Family Procedure Rules 2010 have in international cases?

Full article: Family Law

A Second Bite At The Cherry After A European Divorce

On 14 February 2011 the Court of Appeal handed down a judgment which will allow an Italian man, separated and divorced in Italy, to make an application to the courts in England and Wales for financial relief.

Full article: Mondaq

An Australian example of the anti-suit injunction

The Australian family courts have handed down an anti-suit injunction in the international context of competing divorce proceedings.

Full article: Family Law

Determining ownership of property between a spouse and a third party in ancillary relief proceedings - Goldstone v Goldstone

David Marusza at 1 Hare Court considers the judgments in Goldstone v Goldstone and Others.

Full article: Family Law Week

Hang on a Minute! (Or is Kernott the new White?)

Rebecca Bailey-Harris and John Wilson both of 1 Hare Court give a timely warning to all practitioners advising in TOLATA claims to be mindful of the possible implications of forthcoming Supreme Court appeal in Kernott v Jones.

Full article: Family Law Week

Plugging the hole of nondisclosure

The Dutch may have found a way of preventing the leaking of assets through non-disclosure.

Full article: Family Law

Family Lawyers should adapt to challenging new market

2011 is going to be a tough year for family lawyers. For many, the recession has already affected their practices, with a decline in divorce figures and a reluctance on the part of clients to engage solicitors as fully as they did beforehand.

Full article: Law Society Gazette

Schedule 1 Applications and the New Family Procedure Rules 2010

Schedule 1 applications are now caught within the definition of "financial remedy" set out in R 2.3 FPR 2010 and are therefore covered by Part 9 of the new rules which deals with applications for a financial remedy.

Full article: Family Law

International Children Law Update - February 2011

Jacqueline Renton of 4 Paper Buildings reviews the latest key decisions in international children law.

Full article: Family Law Week

Four Jurisdictions Conference in Edinburgh

The British Isles is a curious and confusing family law location! It constantly bewilders family lawyers in other jurisdictions and with very good reason.

Full article: Family Law

Treatment of inherited assets upon divorce

Ever since the House of Lords ­decision in White v White [2000] UKHL 54, there has been an ongoing debate among family lawyers regarding the treatment of inherited assets upon divorce.

Full article: Law Society Gazette

Section 38(6) assessments: The Good, the Bad and the Ugly

Cyrus Larizadeh, barrister, of 4 Paper Buildings considers developments in case law and practice in respect of assessment under section 38(6) of the Children Act.

Full article: Family Law Week

The view from the desk top

This week I thought I would share with you some brief observations from my recent reading of three judgments.

Full article: Family Law

The CSA and the Government: the dog is barking and the cat is locked in the study

Olivia Stiles of Hickman & Rose and Byron James of 14 Gray's Inn Square consider the policy issues behind the Government's consultation on child maintenance.

Full article: Family Law Week

Internal relocation on the slow boat to the Orkneys

At a time when international travel can be easier and quicker than within national boundaries, can there be any justification for different criteria in law for a relocation of a child with a primary caring parent internally or internationally?

Full article: Family Law

International Child Abduction and the Hague Convention on the Civil Aspects of International Child Abduction

The issue of Child Abduction has become an ever more increasing worry for families where one parent lives abroad in recent times.

Full article: Mondaq

Procedure and Prenups

The Christmas decorations have been put back in the attic for another year, New Year resolutions made … and broken, and almost all the snow has gone away; but here are two little treats for the beginning of 2011.

Full article: Family Law

Court of Protection Update (January 2011)

Sally Bradley, Barrister, of 4 Paper Buildings reviews recent important decisions made in the Court of Protection.

Full article: Family Law Week