This category can only be viewed by members.
Huw Miles looks at the finality of orders and why and how financial orders may be varied ‘Grocholewska-Mullins is an example of a living and variable order going through varying states of health, with a judge attempting to use the resources now available to achieve a belated clean break.’ When a court makes a financial …
Continue reading "Capitalised Maintenance: Last orders?"
This post is only available to members.
Matthew Maynard highlights the wider implications of the Court of Appeal decision in Re B-S ‘The Court of Appeal used the judgment in Re B-S as an opportunity to set out what was deemed to be their “serious concerns” about the manner in which courts have approached “non-consensual” adoption.’ The summer of 2013 has been …
Continue reading "Adoption: A fresh approach?"
This post is only available to members.
In the conclusion to a two-part analysis, Margaret Heathcote examines the procedural aspects of instructing experts and the courts’ approach to the amended rules ‘Do not expect to show up at court and “wing it” so far as expert evidence is concerned – the days where one could make a vague request for expert input …
Continue reading "Expert Evidence: Cautious territory"
This post is only available to members.
In the second of a two-part analysis, Duncan Ranton considers recent case law on fostering allowances and kinship carers ‘To justify payment of differential allowances on the basis that the task of family foster carers and the expectations on them were different from those applicable to unrelated foster carers was contrary to the principle of …
Continue reading "Fostering: Making allowances"
This post is only available to members.
Claire Glaister looks at the powers of the court upon an application for decree absolute by the respondent to divorce proceedings ‘The court has discretion to make or refuse to make a decree absolute but generally will only stay the pronouncement of the decree in exceptional circumstances.’ It is not unusual to represent a respondent …
Continue reading "Decree Absolute: Seeking closure"
This post is only available to members.
Richard Adams sets out a reminder of the courts’ approach to costs orders in family proceedings ‘The approach of the court in making costs orders will depend on the exact nature of the proceedings, although the types of costs orders available remain the same.’ The recent Court of Appeal decision in Solomon v Solomon [2013] …
Continue reading "Costs: No order or a clean sheet?"
This post is only available to members.
In the first of a two-part analysis Suzanne Kingston, Adele Pledger and Paulina Sandler compare approaches to spousal maintenance in a range of jurisdictions Given the increasingly international ingredients that make up the family lawyer’s workload, it is useful to compare how different jurisdictions approach the issue of spousal maintenance on relationship breakdown. This is …
Continue reading "International Focus: Across the globe"
This post is only available to members.
Kate Elliott discusses the decision in Re A and the implications of protracted proceedings in intractable contact disputes ‘A parent’s implacable hostility should rarely deter the court from ordering contact where the child’s welfare required it.’ In Re A (a child) (intractable contact proceedings: human rights violations) [2013], the Court of Appeal was concerned with …
Continue reading "Contact: The impact of delay"
This post is only available to members.
Frances Bailey considers the courts’ approach where a party’s conduct during proceedings is in issue ‘An analysis of any add-back argument must also include an analysis of what both parties have spent and that the argument must be analysed in context.’ As ever, the law reports are seemingly full of cases where one party’s approach …
Continue reading "Litigation Conduct: Drawing inferences"
This post is only available to members.
In the first of a two-part article Duncan Ranton discusses changes ahead for fostering and its inter-relationship with adoption ‘The government has not been coy about declaring its commitment to vulnerable children, which it seeks to evidence by speeding up adoption processes.’ All too often, fostering is treated as adoption’s poor relation. In the current …
Continue reading "Fostering: Poor relation?"
This post is only available to members.
