Beyond the Nuclear: Same-sex adoption - Victorian in name and approach

As recently as August 2010, Australian media outlets were reporting on the adoption of a child by one of his gay foster parents. What made the case newsworthy was that the adoption order was believed to be the first in Victoria in favour of a gay parent.

Full article: Family Law

Section 38(6) Applications – Further fine-tuning

Sally Gore of 14 Gray's Inn Square, examines developments concerning applications for assessment under section 38(6) of the Children Act 1989 culminating in the Court of Appeal's clarification in S (A Child) [2011].

Full article: Family Law Week

Cohabitation Update

“The law of property, as it applies to cohabiting couples in England and Wales, continues to produce outcomes which many commentators regard as unfair. In the Scottish case of Gow v. Grant, a recent appeal under the Family Law (Scotland) Act 2006 Lady Hale calls for similar legislation to be introduced in England and Wales.”

Full article: Zenith Chambers (PDF)

Beyond the Nuclear: Who’s bringing up baby?

The Government announced in the Queen's Speech in May its plan to reform parenting leave.

Full article: Family Law

Stuart Clark on Immigration & Family Law

I recently undertook a secondment at Fragomen LLP, one of the world's leading specialist immigration lawyers. It was useful in very many ways; most interestingly bringing together two disciplines which complement each other: international family law and immigration.

Full article: Family Law

Hague Convention mediation guide to good practice

The Hague Conference on Private International Law has just published its long-awaited guide to good practice on mediation in child abduction work.

Full article: Family Law

Expertly done? A look at the use of experts in family proceedings and changes proposed by Mr Justice Ryder prior to the announcement of his final proposals

Leanne Buckley –Thomson, pupil at 1 Crown Office Row Brighton, considers the current problems in relation to the use of expert evidence particularly in care proceedings and the proposals for change thus far highlighted by Mr Justice Ryder in response.

Full article: Family Law Week

Beyond the Nuclear: State and Church – An irreconcilable breakdown

The Church of England published its official response to the Government Consultation on marriage equality last month.

Full article: Family Law

A Bridge over Tasman waters

New bilateral legislation comes into force later this year between Australia and New Zealand to resolve a number of difficult contentious family law issues between the two countries.

Full article: Family Law

BIIR Rules, OK?

What would your instinct be if a client came to you with a classic case of wrongful retention? A speedy application for a return order under the Hague Convention? A recent judgment of Mostyn J JRG v EB  highlights the importance of making the right application at the outset.

Full article: Family Law

Spousal maintenance - part two

In my last article I considered the courts’ approach to the quantum of periodical payments. Recent decisions have seen an increased focus on needs as the prevailing factor when quantifying such payments. In a similar vein, and perhaps reflecting a less generous approach to periodical payments orders, there has been a move towards term orders and away from joint lives orders.

Full article: Law Society Gazette

A Local Authority v DS – An invitation to judicially review the Legal Services Commission?

Chris McWatters and Sharon Love of Garden Court Chambers consider the implications of the President’s Guidance on seeking prior approval of the LSC to adduce expert evidence in family proceedings.

Full article: Family Law Week

Cohabitation and Trusts of Land Update

The purpose of this article is to consider the law of constructive trusts following Jones v. Kernott [2011] UKSC 53, judgment given on 9th November 2011, insofar as it relates to the purchase of property primarily by cohabitants.

Full article: Zenith Chambers (PDF)

The Family Court: “Be careful what you wish for”

Michael Horton of Coram Chambers examines the proposed creation of a single family court, the reasons for its establishment, how it might work and whether it is necessary at all.

Full article: Family Law Week