Statutory child maintenance variation applications and capital assets

Liz Cowell, partner at McAlister Family Law, examines the implications of P v Secretary of State for Work and Pensions and another for cases concerning the diversion of assets and deemed income.

Full article: Family Law

Removing a party to proceedings: A Local Authority v F and others

Following A Local Authority v F and others Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.

Full article: Family Law

Re V: how will the challenge to the spirit of the maintenance regulation fare in the Court of Appeal?

The case of Re V (European Maintenance Regulation), due to be heard in the Court of Appeal, presents a novel opportunity for the court to interpret Art 13 of the maintenance regulation in accordance with the regulation’s objectives.

Full article: Family Law

Hart v Hart: what led the court to order the ultimate sanction?

Anyone reading that John Hart, an 83-year-old man with prostate cancer, had been sent to prison by a High Court judge might naturally raise an eye-brow in surprise.

Full article: Family Law

Bloom v Bloom: The risks of failing to provide full and frank disclosure in financial remedy proceedings

Bloom v Bloom concerned the applicant wife’s application that judgments in the financial remedy proceedings, where the respondent husband had been found to have defrauded her parents, should be published un-anonymised.

Full article: Family Law

Villiers v Villiers: An Update

Michal Horton and Alex Laing, both of Coram Chambers, report on the latest developments in a case that has attracted widespread attention in the press.

Full article: Family Law Week

International child abduction proceedings: key points to note from the latest President's guidance

On 13 March 2018, a new practice direction was issued by the President concerning Case Management and Mediation of International Child Abduction Proceedings.

Full article: Family Law

Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border

In the year when we are commemorating the centenary of the extension of the franchise to women – though only to some women – it is perhaps useful to start what I have to say by looking at the state of English family law a 100 years ago.

Full speech: Courts and Tribunals Judiciary

Speech by Lord Justice McFarlane: Contact: a point of view

In opening today’s conference, which is focused upon the topic of ‘contact’, I have been invited to express a point of view and I wish to do so by highlighting three separate topics: adoption, contact in adoption and intractable private law disputes.

Full speech: Courts and Tribunals Judiciary

Cohabitation conundrum: extending civil partnerships to opposite-sex couples

Last month, the issue of extending rights for unmarried opposite-sex couples was debated enthusiastically in the House of Commons, as the Civil Partnerships, Marriages & Deaths (Registration Etc) Bill moved unopposed to the next stage of its passage through Parliament.

Full article: Family Law

Decrees in multiple EU jurisdictions: Mensah v Mensah

Mensah v Mensah [2018] EWHC 484 (Fam) is an interesting recent decision pertaining to the Brussels II Regulation (BIIR) and specifically the recognition of a French divorce order.

Full article: Family Law

Care proceedings and Article 5 ECHR

James Goudie QC examines a recent judgment of the President of the Family Division in relation to care proceedings and the right to liberty and security under Article 5 of the European Convention on Human Rights.

Full article: Local Government Lawyer

Jurisdiction to make an interim order for the sale of a former matrimonial home

Sheena Cassidy examines the decision in WS v HS which considers the power of the family courts to make an interim order for sale in circumstances where s 22ZA of the Matrimonial Causes Act 1973 (MCA 1973) does not apply.

Full article: Family Law

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989

David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal's judgment in R (Children) [2018] EWCA Civ 198.

Full article: Family Law Week

Deprivation of liberty and administration of medication by a local authority to a child

Louise McCallum and Emily Ross consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.

Full article: Zenith Chambers

Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty

In Re A-F (Children) (Care Orders: Restrictions on Liberty) the court gave guidance on when Art 5 ECHR is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.

Full article: Family Law

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate

The case Nield-Moir v Freeman [2018] EWHC 299 (Ch).

Full article: Family Law

Finance & Divorce Update March 2018

Rose-Marie Drury analyses the news and case law relating to financial remedies and divorce during February 2018.

Full article: Family Law Week

Divorce? You may regret it if you don't ask for legal advice

Yedina v Yedin and another [2017] EWHC 3319 (Ch) was an interesting case which highlighted the importance of seeking advice from a family lawyer when planning to divorce.

Full article: Family Law

‘Transforming the Response to Domestic Abuse’: a Government consultation paper

Working towards an end to domestic abuse.

Full article: Family Law

Surrogacy and HFEA Update (March 2018)

Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.

Full article: Family Law Week

Thai case shines the light on international surrogacy

A story reported by The Telegraph last week raises some interesting questions about international surrogacy.

Full article: Family Law

Is the Home Office taking over domestic abuse?

Is Parliamentary and other Government activity in the last week evidence of movement towards a Domestic Violence and Abuse Bill?

Full article: Family Law

Child Support Update

Jody Atkinson TEP, barrister at St John's Chambers, Bristol, takes stock of the developments in child support law and practice and considers the implications for parents.

Full article: Family Law Week