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Family Law Journal: November 2013

Matthew Maynard highlights the wider implications of the Court of Appeal decision in Re B-S

The summer of 2013 has been notable for several decisions from the Court of Appeal in which the court has expressed its continued concern with the approach to cases that involve what has been termed ‘non-consensual’ adoption.

Claire Glaister looks at the powers of the court upon an application for decree absolute by the respondent to divorce proceedings

It is not unusual to represent a respondent to a divorce who wishes to make an application for the decree nisi to be made absolute in circumstances where the petitioner has declined to do so. Reasons range from purely wanting the emotional closure brought about by the conclusion of the divorce suit to cases where there is an impending re-marriage.

Richard Adams sets out a reminder of the courts’ approach to costs orders in family proceedings

The recent Court of Appeal decision in Solomon v Solomon [2013] has provided useful clarification as to the approach the court should take when making costs orders within family proceedings. This article will look at when, and why, an order for costs will be appropriate within financial family proceedings.

In the conclusion to a two-part analysis, Margaret Heathcote examines the procedural aspects of instructing experts and the courts’ approach to the amended rules

The first part of this consideration of expert evidence ('Out of necessity', FLJ130) examined the background to and the details of the amendments to the Family Procedure Rules 2010 (FPR 2010) earlier this year. This concluding part will consider procedural aspects and the approach taken by the courts in applying the rules.

In the second of a two-part analysis, Duncan Ranton considers recent case law on fostering allowances and kinship carers

The first part of this consideration of fostering ('Poor relation?', FLJ130) considered ‘fostering to adopt’ policies and the apparent disconnect between the government’s objectives and recent case law (see also 'A fresh approach?' by Matthew Maynard, p2 of this issue). This concluding part will look at some of the practicalities of fostering, including fostering allowances and kinship carers.

Kate Elliott discusses the decision in Re A and the implications of protracted proceedings in intractable contact disputes

In Re A (a child) (intractable contact proceedings: human rights violations) [2013], the Court of Appeal was concerned with a father’s appeal against an order for no direct contact on the basis that the court at first instance:

Withers LLP

In the first of a two-part analysis Suzanne Kingston, Adele Pledger and Paulina Sandler compare approaches to spousal maintenance in a range of jurisdictions

Given the increasingly international ingredients that make up the family lawyer’s workload, it is useful to compare how different jurisdictions approach the issue of spousal maintenance on relationship breakdown. This is the first in a series of comparative articles; in early 2014 we will be looking at pre-nuptial agreements in different jurisdictions, in light of the forthcoming Law Commission report.