The perils of an outdated will

The case of Martin v Williams [2017] EWHC 491 (Ch), [2018] 1 FLR 125 concerned the right of a cohabitee to make a claim for financial provision from her partner’s estate.

Full article: Family Law

Court ruling on decision to place a child with sibling’s adopters (Re B (a child))

Emily James, barrister at The 36 Group, considers the practical implications of the Court of Appeal judgment in Re B (A Child) (Care Proceedings), in which a decision to place a child for adoption, even when there was a viable family placement available, was upheld.

Full article: Family Law

Parental alienation and intractable contact disputes – when all seems lost

Occasionally, as a family solicitor, I come across a case that makes me despair. Thankfully it’s rare, but that feeling overwhelmed me when I read the child contact case of Q and R (Intractable contact) [2017] EWFC B35.

Full article: Family Law

Thoughts on child rights and Brussels IIA after EU withdrawal

Latvian children, care proceedings and Art 15.

Full article: Family Law

English civil partnership may not be recognised abroad

 Whilst marriage is almost universally recognised around the world and civil partnership is recognised by those countries with their own civil partnership laws, the legal status of an English civil partnership is not recognised in a number of countries.

Full article: Family Law

Children: Public Law Update (January 2018)

John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.

Full article: Family Law Week

Burden of proof and medical evidence in non-accidental injury cases (A Local Authority v ID and others)

In A Local Authority v ID and others, following a ten-day fact-finding hearing, the court made adverse findings of non-accidental injury against a father to his four-month-old baby. Dr John Fox of Lamb Building explains what can be gleaned from the judgment when dealing with cases of non-accidental injury.

Full article: Family Law

Family Law in the European Court of Human Rights in 2017

Julia Queen, barrister of Coram Chambers, considers a selection of the cases heard by the European Court of Human Rights (‘the Court’) in 2017 which are of particular interest to family lawyers.

Full article: Family Law Week

Parents with Learning Disabilities and a Local Authority’s Responsibilities

Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.

Full article: Family Law Week

Transferring property out of a deceased's estate to an unmarried partner (Lewis v Warner)

Roger Evans, barrister at Harcourt Chambers, says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.

Full article: Family Law

Local authorities and learning disabled parenting (A Local Authority v CG and others)

Local Government analysis: A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances.

Full article: Family Law

How we can cut the cost of divorce

Hazel Wright, Partner and Accredited Mediator with Hunters Solicitors considers the cost benefits of a “no fault” divorce regime.

Full article: Family Law Week

Exploring options over contact applications from transgender parents (Re M (Children)

Lyndsay Sambrooks-Wright, a barrister at 2 Dr Johnson’s Buildings, discusses the Court of Appeal’s decision in Re M (Children).

Full article: Family Law

Court clarifies quasi-settlement defence to removed child’s return (L-S (a child))

Katy Chokowry, barrister at 1 King’s Bench Walk, examines the Court of Appeal’s approach in L-S (a child) to a child’s habitual residence, a parent’s acquiescence in the child’s removal, and the intolerability of the child’s position if returned after settling in new country.

Full article: Family Law

Divorce in the era of cryptocurrency: Bitcoin and non-disclosure

Bitcoin is a form of digital currency developed in 2009. It is created and held electronically in a decentralized system meaning that no one and no government controls it.

Full article: Family Law

Finance and Divorce Update, January 2018

Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during December 2017.

Full article: Family Law Week

The use of testing for drugs and alcohol in FDAC

This tenth blog about FDAC focuses on the use of drug and alcohol tests in FDAC.

Full article: Family Law

Exploring “Reasonable Financial Provision” – Lewis v Warner

On 19th December the Court of Appeal handed down judgment in the case of Lewis v Warner. The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the Inheritance Act had reached the Court of Appeal.

Full article: Hardwicke

Jurisdiction and quantum of global maintenance order (AB v CD)

Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD.

Full article: Family Law

The European Court decision on legality of sharia divorce: what is it really about?

A European Court decision in mid-December 2017 in the context of an Islamic divorce pronounced in Syria was bound to create headlines.

Full article: Family Law