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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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Melanie Kalina provides a summary of the key aspects of orders prohibiting further applications under the Children Act 1989 without permission ‘The degree of restriction provided for in a section 91(14) order should be proportionate to the harm it is intended to avoid.’ Most practitioners have dealt with private children cases that never seem to …
Continue reading "Private children: Protective barrier"
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Shazia Khan reviews a big-money case involving a complex trust structure and a party who lacked litigation capacity ‘The desirability of a clean break order was balanced against the prospect of the wife adjusting without undue hardship, but also to avoid her chasing the husband endlessly through the legal system.’ In AF v SF [2019], …
Continue reading "Financial provision: Putting the pieces together"
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Sarah Hewitt looks at the distinctions between special guardianship and child arrangements orders and the courts’ approach as to which type of order is appropriate ‘There is nothing in the statutory provisions which limits the making of a special guardianship order or an adoption order to any given set of circumstances.’ In W-P (Children) [2019], …
Continue reading "Special guardianship: Individual approach"
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Karen Holden discusses issues that may arise in international surrogacy and how preparation is key when advising on such arrangements ‘In international surrogacy, where it may not be easy or even possible to contact the surrogate at a later date, the need to secure the parental rights of the intended parents at an early stage …
Continue reading "International surrogacy: Approach with caution"
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Abigail Bennett analyses the court’s approach to a case involving assets in multiple jurisdictions and a defendant with no apparent place of domicile ‘The court was not persuaded that the relationship between the parties was of a nature that generated rights comparable to marriage for the purposes of the Judgments Regulation.’ The decision in Gray …
Continue reading "Jurisdiction: Global reach"
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Joshua Green and Kelly Gerrard examine the prohibition on an FDR judge dealing with later stages of financial proceedings and whether there should be a more flexible approach ‘There may be occasions when the parties wish a judge to rule on a minor point they cannot agree on, and it is more proportionate and cost-effective …
Continue reading "FDR appointments: No room for manoeuvre"
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David Wilkinson considers when an order for costs may be justified in private law children cases and the issue of assessment on a standard or indemnity basis ‘Case law underlines that in children proceedings there should generally be no order for costs, unless a party takes an unreasonable stance or behaves reprehensibly.’ Family lawyers often …
Continue reading "Costs: On dangerous ground"
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Beth Mason sets out the position in law of step-parents and the remedies available to preserve their relationship with a step-child ‘In situations where a step-parent has day-to-day care of a child, but does not have the ability to authorise medical treatment, for example, the implications could be serious.’ Family lawyers are, of course, very …
Continue reading "Step-parents: All in the family"
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James Copson looks at the recommendations in the Pension Advisory Group report and highlights the potential pitfalls when dealing with pension assets ‘It is much harder to achieve a fair outcome where there is a significant difference in the ages of the parties.’ An understanding of pensions is a must for every family lawyer working …
Continue reading "Pensions: Equality or not?"
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