February 2021 #200 – Law Journals

Public children: Not a foregone conclusion

Natasha Kirk and James Sandiford ask when care proceedings should be withdrawn and highlight that the answer may not be obvious and caution must be taken The guardian’s grounds of appeal centred on criticism of the judge’s decision to determine the issue of threshold summarily, without hearing and testing the evidence of lay parties and …

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Private children: Theory versus reality

Matt Foster says that the enforcement of child arrangements orders requires a pragmatic approach outside the legislative framework Many hurdles need to be cleared before the court is able to make an enforcement order and it is likely to take a significant amount of time (and money) to get to that stage. Unfortunately, most practitioners …

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Human rights: Flesh and blood

Andrew Powell and Linzi Bull examine the weight to be given to sibling relationships in public law proceedings The Supreme Court noted there was a clear distinction between the rights of those family members, such as parents, who are directly involved with the upbringing of the subject child, and siblings who do not play a …

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Non-court dispute resolution: Cutting the Gordian Knot

Claire Yorke suggests that a hybrid approach to resolving financial issues on divorce or dissolution may provide a solution even in more complex cases Where the parties are not able to reach a solution through non-court dispute resolution alone (as would always be preferable), one may draw on the advantages of both court proceedings and …

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Variation: Reduced circumstances

Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant’s disclosure is unclear and their financial woes are of their own making While both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not …

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Scotland: Tips and traps

In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …

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Marriage: A match made in heaven?

Sarah French looks at the Law Commission’s proposed changes to wedding ceremony requirements The Law Commission proposals aim to ensure that fewer weddings fall foul of the current laws, where at present a marriage may be invalid where performed according to religious rites that do not fulfil the current marriage law criteria. The Law Commission …

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