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Paul Linsell looks at how family law has developed and asks whether the introduction of no-fault divorce might prove to be a tipping point for further change When we look back in 30 to 50 years from now, we will look upon DDSA 2020 and the changes it has brought and not just find it …
Continue reading "In practice: A whole new world?"
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Sophia Leeder outlines the approach to interim orders in a case where a party has delayed in making their application and spent excessively in the meantime, as well as key practice points Where jurisdiction is in dispute, this does not prevent the court from making an interim order, but in MG v GM Peel J …
Continue reading "Financial remedies: A battle royale"
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Jade Quirke examines the approach of the court to an application for a parental order where a child who was now an adult had been born via surrogacy HFEA 2008 could be ‘read down’ to ensure the rights of the applicants and the child under Art 8, ECHR – in relation to the family life …
Continue reading "Surrogacy: Never too old"
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Mollie van Geest and Heidi Molloy set out the considerations and conclusions reached on applications by adult adoptees as to the status of their birth fathers At first glance, there appears to be a conflict as to whether it is possible to obtain a declaration of parentage in respect of someone who is, in law, …
Continue reading "Declarations of parentage: Finding closure"
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Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …
Continue reading "Maintenance: A fair adjustment?"
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Alison East highlights the importance of addressing immigration and nationality issues for looked after children It is very important that an informed explanation of a looked after child’s immigration circumstances is available on their social services file record, to ensure that when social workers move on, goals such as British citizenship are regularly reviewed and …
Continue reading "Immigration: No time to lose"
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Hannah Currie and Savannah Davies analyse the Court of Appeal decision in K v K as to the correct approach to fact-finding hearings in private children proceedings Although allegations of domestic abuse should not be taken lightly and should always be fully considered, the court must remain mindful of the issues at hand and aim …
Continue reading "Private children: Caution, not haste"
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Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …
Continue reading "Occupation rent: A fair share"
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David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in …
Continue reading "Transparency: An open book?"
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Caroline McNally and Chantelle Woo set out grandparents’ rights with respect to children in Hong Kong At present, the law in Hong Kong does not provide for any third party, whether related to the child by blood or otherwise, to make an application to the court to be appointed as a child’s guardian on divorce …
Continue reading "International focus: Keeping it in the family"
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