July/August 2016 #158 – Law Journals

Habitual Residence: Changing places

Rebecca Harling and Ciara Moore analyse the Supreme Court decision in Re B and the circumstances in which a child may change, or retain, their habitual residence ‘Jurisdictional issues aside, the key question to be determined was: what is the point at which habitual residence is lost?’ Issues regarding children within same-sex cohabiting families have …

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Immigration: The way forward?

In the conclusion to a two-part consideration of children and immigration law, Katherine Illsley and Agata Patyna look at how other jurisdictions tackle this issue, and how UK authorities might improve the procedure ‘With a significant strain on resources, it would be a short step to the welfare of children who seek asylum becoming an …

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Relocation: Full picture

Jennifer Moore examines the approach of the courts on an application to relocate a child, and the factors that will be taken into account ‘The court will consider the positives and negatives of each available option for the child (or children) concerned, and then will undertake a parallel analysis of those options.’Case law sets out …

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Preservation Of Assets: Preventative measures

Deborah Levy and Ciara Moore consider the disclosure requirements on an application to preserve assets, and the high bar for obtaining such an order ‘The husband challenged the wife’s entitlement to any continued freezing or asset preservation relief on the basis that there had been material non-disclosure by the wife at the time she obtained …

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International: Global reach

Sonny Patel sets out a reminder of the financial remedies available in England and Wales following an overseas divorce ‘An important consideration at the beginning of any case that involves multiple jurisdictions is to assess the likelihood of eventually being able to enforce any order that is sought.’Part III of the Matrimonial and Family Proceedings …

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Practice And Procedure: Collision course

Chris Bryden and Kate Jones compare and contrast the Civil Procedure Rules 1998 and the Family Procedure Rules 2010 on key areas of overlap ‘Questions have arisen regarding the exposure to media reporting of trustees who are joined to financial remedy proceedings, or who disclose information that is likely to be disclosed in family proceedings, …

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Domestic Abuse: Recognising harm

Rayner Grice details the new offence of controlling and coercive behaviour and what might constitute such behaviour ‘Just because the physical signs of abuse may not be present does not mean that someone is not a victim of domestic abuse and coercive control.’The long-running radio soap opera The Archers caused controversy earlier this year with …

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