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Andrew Scott considers a case in which a successful appeal against an avoidance of disposition order did not alter a finding as to the beneficial ownership of a property ‘The absence of an application is not inevitably fatal to a section 37, MCA 1973 order… but in this case the way in which the order …
Continue reading "Beneficial interests: A cautionary tale"
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Julian Bremner describes a new project to use existing dispute resolution processes to resolve family law issues ‘The benefit to clients of the Certainty Project process is the level of expertise and collaboration between all the professionals in their case, a time frame that works for them and the knowledge that the matter will end …
Continue reading "Non-court dispute resolution: The removal of doubt"
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Andrew Baines examines decision making in the family courts, the meaning of justice and the role of the concepts of virtue and morality ‘If it is right that the gap between the law and day-to-day reality needs to be managed… and that justice is the appropriate tool used by the judge to bridge that gap, …
Continue reading "In practice: Theories in context"
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Graeme Fraser and Mark Penston look at the legal and financial implications of funding through families ‘Assessing mortgage capacity is a more complicated exercise than it perhaps used to be. Lenders now look at what they perceive to be “affordable” to the borrowers.’ The scarcity of homes and the rapid increase in market values for …
Continue reading "Financial planning: Generation gap"
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Chris Longbottom provides a recap of key considerations on an application to relocate a child to another jurisdiction, whether on a temporary or permanent basis ‘Where the application relates to a temporary removal, then different considerations will apply when compared to the considerations on an application for a permanent removal/relocation.’ I have found litigation relating …
Continue reading "Leave to remain: Preparing for take-off"
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Nicola Meldrum and Helen Lafferty discuss the approach to quantifying assets in cases of non-disclosure and the courts’ powers in relation to the provision of a Get ‘If the court was required to fill in gaps when a party fails to comply with their disclosure obligations, that would hamper rather than assist the court’s task …
Continue reading "Non-disclosure: Preventing an unfair advantage"
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Rose-Marie Drury looks at the relocation of children in the context of Brexit and highlights issues to be aware of ‘The advantage of the 1996 Hague Convention recognition procedure is that it is possible to seek recognition in advance of seeking enforcement.’ At the time of writing, the one thing that is certain about Brexit …
Continue reading "International focus: On uncertain ground"
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Caroline McNally and Chantelle Woo outline the steps to register and enforce England and Wales maintenance orders in Hong Kong and recent changes in procedure ‘If the registrar concludes that the payer is residing in Hong Kong, they shall register the order made in England and Wales, and it is enforceable as if it had …
Continue reading "International enforcement: One step at a time"
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Sarah Richardson, James Sandiford and Natasha Kirk examine the support available for vulnerable teenagers, whether they have been ‘looked after’ children or not ‘Vulnerable children entering adulthood need specifically tailored support and protection to ensure the daunting prospect of independence doesn’t push them further towards groups preying on children.’ The number of older children with …
Continue reading "Public children: Fight the good fight"
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Georgie Hall compares the features of round table meetings with hybrid mediation and discusses the factors that may influence the choice of process ‘The individual client together with the needs of the case should drive the informed discussion with the client on what process suits best and why.’ It is perhaps more universally recognised at …
Continue reading "Alternative dispute resolution: Spot the difference"
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