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Hannah Currie considers a decision in complex financial remedy proceedings where the court was concerned with the application of the Thwaite jurisdiction in relation to a Rose order When looking at whether the Thwaite jurisdiction applies, a key point to consider is whether there has been a material change in the circumstances since the order …
Continue reading "Thwaite jurisdiction: The significance of change"
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Henry Setright QC and Michael Gration analyse the Supreme Court’s examination of the relationship between the 1980 Hague Convention and the Refugee Convention There is an obvious substantial risk in cases where a parent or child has sought asylum that too great a focus on the need to expeditiously determine the 1980 Hague Convention proceedings …
Continue reading "Immigration: Between a rock and a hard place"
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Julia Nelson and Hannah Whitehouse examine the effects of the Court of Appeal’s guidance in Re H-N on domestic abuse cases The lack of direction from the Court of Appeal as to how cases should be pleased has left those in the family justice system grappling for a way forward that is Re H-N compliant …
Continue reading "Domestic abuse: What do we do now?"
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Ellie Foster and Carmelita Ardren discuss an appeal in which the procedural aspects of dealing with pensions assets and their value was at the fore There will always be some delay between the date of a pension sharing order, that order taking effect and ultimately it being implemented, which can trigger a change in the …
Continue reading "Pensions: Fail to prepare, prepare to fail"
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Aisling O’Reilly, Lois Rogers and Sophie Groves argue that more flexibility is needed in Sch 1 cases to avoid a ‘cliff edge’ when provision under an order comes to an end It is important that any developments in the law regarding Sch 1 cases do not resemble matrimonial rights ‘through the back door’, but the …
Continue reading "Schedule 1: Ripe for change?"
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Beth Kivelä considers when the court may capitalise child maintenance and the exceptional circumstances required for it to do so Although the inherent difficulties in making certain predictions about the future might provide the court with good reasons not to capitalise a periodical payments order, such difficulties have no bearing on the existence of the …
Continue reading "Child maintenance: Few and far between"
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Caroline McNally and Chantelle Woo explain the experience of remote hearings in Hong Kong and the alternatives being explored by parties and their lawyers during the Covid-19 pandemic As a result of the greater lead time required for arranging remote hearings (including ensuring suitability of remote locations, the technical compatibility of equipment, pre-testing and arranging …
Continue reading "In practice: Changing places"
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Jessica Keal looks at an adoption case involving a consideration of Thai law and human rights issues On an application for adoption, any restriction on a biological father’s human rights must be proportionate in light of the benefits to be gained by the child. In Re H (Step-Parent Adoption) [2020], the court was concerned with …
Continue reading "Step-parent adoption: Balancing act"
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Antonia Barker explores the set aside of a decree of divorce and the strict procedural requirements to be followed A decree absolute is a judgment which is definitive of a person’s status and they, and the rest of the world, must be able to rely upon it, as so many of an individual’s legal and …
Continue reading "Divorce: A limited power"
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Rebecca Stone analyses legal costs orders involving both historic and future costs The judgment in Re Z highlights the importance of solicitors applying for legal funding as early as possible, considering what credit, if any, they are prepared to extend to a client, and making it clear to clients from the outset they will cease …
Continue reading "Schedule 1: All in the past?"
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