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Elizabeth Isaacs QC highlights new challenges to local authority childcare decisions ‘The importance of careful analysis of the decision making carried out by local authorities at the pre-proceedings stages, as well as during proceedings, cannot be overestimated.’ Childcare practitioners, whether in private practice or working within local authorities, will already be familiar with the multitude …
Continue reading "Public Children: All change"
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Hazel Wright explains how the court is seised of a matter and issues regarding international service Many of us work with international cases. We are used to different concepts applying in different jurisdictions. We know that the first thing to do if you are contacted about a possible new case with a connection with another …
Continue reading "Jurisdiction: Complete service"
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Olivia Checa-Dover and Deborah Smithies assesses the varying rights to be balanced when considering witness anonymity ‘In the Supreme Court’s view, there is an inherent value in disclosure, regardless of whether the evidence can be tested in cross-examination’ From time to time, in cases involving residence and contact arrangements for children, an allegation is made …
Continue reading "Children: The limits of confidence"
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Jo Hall details best practice and recent case law on freezing order applications These are applications that require quick thinking and deft handling, often under time pressure. An application for a without notice freezing order is a remedy of last resort to be most carefully applied. Practitioners should be wary of the potential consequences of …
Continue reading "Emergency Remedies: The big freeze"
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Monique Fauchon highlights how same-sex marriage proposals in Britain and France shine a spotlight on the need for consistency across different jurisdictions’ legal systems The French system sees no difference between legitimate and illegitimate children – children are still entitled to inherit equally from both parents whether they were married or not. The issue of …
Continue reading "International Focus: Across the channel"
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Max Lewis looks at the lessons to be learnt from Evans v Evans on managing expectations, contributions and add-back argument The court retains jurisdiction to decide the true nature of an order and must assess what the parties agreed against the ‘objective factual matrix of what occurred during the relevant period’. Moylan J’s judgment in …
Continue reading "Substantial Assets: Setting ground rules"
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Kirstie Law outlines the background in Prest v Prest and the issues before the recent appeal in the Supreme Court In family cases, there is no arm’s length dealing and, if a spouse is able to hide assets behind a corporate structure, a just outcome in financial remedy proceedings may be impossible to obtain. Family …
Continue reading "Financial Provision: Predictions on Prest"
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Helen Cort examines the nature of without prejudice communications, competing public interests and privilege in ADR It appears that while mediation involving children matters does attract special protection, there is not a blanket exemption covering all mediation. Family lawyers will be familiar with without prejudice communications, but how often is a query raised as to …
Continue reading "In Practice: Always a privilege?"
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Anna Hunter assesses the courts’ approach to problematic contact and potential enforcement options Presenting persuasive evidence that the child’s wishes are a result of one parent’s hostility will be time consuming, as well as emotionally and often financially draining for the parent seeking contact. When giving judgment in Re G (children) [2006], Baroness Hale said: …
Continue reading "Contact: Seeking solutions"
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Rachel Cook sets out the radical changes in progress to improve adoption rates The government wants prospective adopters to have a much greater role in initiating matches. The concept of adoption activity days is highlighted as an example of good practice. At the end of January 2013, the government published its latest radical proposals for …
Continue reading "Adoption: Adopting change"
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