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Andrew Meehan considers the court’s approach to applications under Schedule 1 to the Children Act 1989 ‘The district judge in DE v AB should have stood back and undertaken an analysis as to the overall effect of the proposed award on each party.’The case of DE v AB [2010] illustrates the lengths to which the …
Continue reading "Schedule 1: Fair shares"
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Clare Williams examines issues of jurisdiction upon an application for a mirror order ‘The 1996 Child Protection Convention will create options for contracting states to liaise and put in place protective measures in either territory, even if the child is neither habitually resident nor present in the relevant jurisdiction.’Commentators have long noted the proliferation of …
Continue reading "International Focus: Reflective thinking"
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Rachel Osgood looks at the impact of MK v CK on the guidelines in Payne v Payne on leave to remove ‘In considering the controversy surrounding Payne, Moore-Bick LJ suggested that it arose as a result of the failure to distinguish clearly between legal principle and guidance.’If you asked a family lawyer in recent years …
Continue reading "Leave To Remove: No more Payne"
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David Hodson recounts the history of shared residence orders and considers future developments ‘Shared residence means equality of parenting in the eyes of the children, the eyes of the law and the eyes of third parties with whom parents have dealings.’In the beginning, or at least in the 1980s, three dinosaurs roamed the post-parental separation …
Continue reading "Shared Residence: Fair shares"
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In the conclusion to his two-part analysis Andrew Moore sets out practical points for dealing with an application under Schedule 1 to the Children Act 1989 ‘It is sensible to record who will meet the property outgoings, including, but not limited to, sewage, water, gas, electricity, council tax, TV licence, and telephone.’In part one we …
Continue reading "Schedule 1: Good housekeeping"
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Maggie Rae contemplates recent ADR developments and the potential for further change ‘Where negotiations have broken down, or a collaborative case has become stuck, the use of a mediator is likely to enable a solution to be found much more quickly and cost-effectively than beginning court proceedings.’Family mediation has a long history in this country, …
Continue reading "ADR: A fresh start?"
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Sian Hodgson and Julia Thackray consider claims under the Inheritance Act 1975 when drafting prenuptial and cohabitation agreements ‘A surviving spouse is entitled to seek such financial provision as would be reasonable in all the circumstances of a case for a spouse to receive, whether or not that provision is required for maintenance.’ One thing …
Continue reading "Inheritance Act: Until death do us part"
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Emma Mould discusses options when dealing with child support issues ‘A contract can clearly only come about where the parties can agree the terms and it will need to be carefully crafted to have the desired effect/s. This will undoubtedly take time and expertise to put together so it is not necessarily a quick, cheap …
Continue reading "Child Support: Ties that bind"
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Claire Lawson looks at the new injunction provisions set out in the Family Procedure Rules 2010 ‘The rules and accompanying practice directions in the Family Procedure Rules 2010 remain silent on the definition of an “interim injunction” and the circumstances in which such an order should be made.’ In ‘Protective measures’, FLJ 107, June 2011, …
Continue reading "FPR 2010: Interim measures"
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Kirstie Gibson studies the courts’ approach to pre-acquired wealth in a long marriage ‘Pre-marital property should be taken into account because it represents a contribution made by one party unmatched by an equivalent contribution from the other party.’ In Charman v Charman [2007] the court said that for nearly five years, since White v White …
Continue reading "Pre-Acquired Wealth: Counting contributions"
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