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Family Law Journal: April 2014

Richard Adams examines the decision in Re Ramet and sentencing for contempt in family proceedings

The recent decision of the president of the Family Division, Sir James Munby, in Re Ramet [2014] provides helpful guidance as to the approach to be adopted by the family courts in sentencing where, as in this case which involved a violent attack in court, the same conduct has given rise to both criminal proceedings and committal proceedings for contempt of court.

Edward Kitchen outlines best practice when dealing with a claim under Schedule 1 to the Children Act 1989

At a time when it seems that the traditional family structure appears to be almost the exception rather than the rule, family lawyers are having to become increasingly aware of other areas of the law that are not covered by the usual divorce and financial remedy provisions covered by the Matrimonial Causes Act 1973 (MCA 1973).

Withers LLP

Jemma Thomas and Nancy Khawam review the Supreme Court’s decision in Re LC and consider the impact on future cases

Habitual residence is the first step in determining the court’s jurisdiction in international abduction cases and the recent Supreme Court decision in Re LC (Children) [2014] has far reaching consequences for the determination of the habitual residence of children, particularly adolescent children.

Emily Watson contemplates the courts’ power to limit the future exercise of parental responsibility

The recent decision in EG v JG [2013] dealt with a specific issue application in relation to the education of four children. Although a County Court decision, HHJ Million dealt with various issues that are worth a closer look, in particular the emphasis to be placed on a child’s wishes and feelings and the approach to be taken when considering conflicting belief systems of the parents.

Switalskis

In the first of a two-part consideration of the role of the mediator and MIAMs, Andrew Baines discusses the effects of the proposed children arrangements programme

As the child arrangements programme (CAP) seems likely (at the time of writing) to come into effect unchanged from the draft issued by Cobb J and his private law working group in November 2013, mediators will soon be invited to become an integral part of the court process on those matters where there are no issues as to safety and capacity. Their involvement begins with the mediation information and assessment meeting (MIAM).

Graeme Fraser and Mark Penston highlight the importance of financial advice when structuring and valuing an award in a financial remedies claim on divorce

Obtaining independent financial advice is increasingly important in achieving a fair financial settlement on divorce. Independent financial planners will consider a broad range of issues including cash-flow forecasting to illustrate future income and expenditure, ongoing protection needs (for example to protect maintenance payments) and investment and retirement planning matters. The task is often to translate what can be an extremely complex matter into understandable concepts and recommendations.

Seddons

In the first of a two-part analysis Sonny Patel looks at the approach to the quantum of spousal maintenance

In a speech given to the All Party Parliamentary Group on Family Law in 2010, Mostyn J said: