September 2011 #109 – Law Journals

International Focus: Reflective thinking

Clare Williams examines issues of jurisdiction upon an application for a mirror order ‘The 1996 Child Protection Convention will create options for contracting states to liaise and put in place protective measures in either territory, even if the child is neither habitually resident nor present in the relevant jurisdiction.’Commentators have long noted the proliferation of …

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Leave To Remove: No more Payne

Rachel Osgood looks at the impact of MK v CK on the guidelines in Payne v Payne on leave to remove ‘In considering the controversy surrounding Payne, Moore-Bick LJ suggested that it arose as a result of the failure to distinguish clearly between legal principle and guidance.’If you asked a family lawyer in recent years …

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Shared Residence: Fair shares

David Hodson recounts the history of shared residence orders and considers future developments ‘Shared residence means equality of parenting in the eyes of the children, the eyes of the law and the eyes of third parties with whom parents have dealings.’In the beginning, or at least in the 1980s, three dinosaurs roamed the post-parental separation …

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Schedule 1: Good housekeeping

In the conclusion to his two-part analysis Andrew Moore sets out practical points for dealing with an application under Schedule 1 to the Children Act 1989 ‘It is sensible to record who will meet the property outgoings, including, but not limited to, sewage, water, gas, electricity, council tax, TV licence, and telephone.’In part one we …

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ADR: A fresh start?

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Maggie Rae contemplates recent ADR developments and the potential for further change ‘Where negotiations have broken down, or a collaborative case has become stuck, the use of a mediator is likely to enable a solution to be found much more quickly and cost-effectively than beginning court proceedings.’Family mediation has a long history in this country, …

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Inheritance Act: Until death do us part

Sian Hodgson and Julia Thackray consider claims under the Inheritance Act 1975 when drafting prenuptial and cohabitation agreements ‘A surviving spouse is entitled to seek such financial provision as would be reasonable in all the circumstances of a case for a spouse to receive, whether or not that provision is required for maintenance.’ One thing …

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Child Support: Ties that bind

Emma Mould discusses options when dealing with child support issues ‘A contract can clearly only come about where the parties can agree the terms and it will need to be carefully crafted to have the desired effect/s. This will undoubtedly take time and expertise to put together so it is not necessarily a quick, cheap …

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