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Kajal Aswani and Chantelle Woo consider the approach of the courts in Hong Kong to applications to relocate with a child, in particular during the Covid-19 pandemic As a result of the recent surge of migration by Hong Kong residents (of British and British National (Overseas) passport holders) to the UK, it is anticipated that …
Continue reading "International focus: A careful balance"
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Emily Brand asks whether there should be legal reform to protect the rights of ‘throuples’ The idea of a throuple could be a sign of things to come as gender roles and expectations become more fluid and surrogacy becomes increasingly widespread. The idea of the ‘couple’ is deeply embedded in Judeo-Christian culture, starting with Adam …
Continue reading "Relationships: Life on the edge?"
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Emily Watson and Artemis Michael provide a guide to key legislation and case law that applies as to the options available to a step-parent in relation to a step-child Adoption is the most secure way to ensure a married or unmarried step-parent may remain in a child’s life, as the step-parent becomes a permanent and …
Continue reading "Step-parents: Rights, remedies and recognition"
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Matt Foster and Dhara Shah examine the power of the courts to make port alert orders and best practice when dealing with cases involving an abduction risk The Family Court has the power to issue a port alert order, but only in circumstances where it is an incidental measure to give effect to a substantive …
Continue reading "Child abduction: A cautious approach"
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Sophie Groves and Valeria Gampl consider the impact of non-financial conduct in financial proceedings Despite the statutory provision naming conduct as one of the factors the court takes into account, the reality of arguing non-financial conduct successfully remains reserved to cases of truly exceptional circumstances. Family law practitioners are often faced with difficulties in managing …
Continue reading "Conduct: In the extreme"
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Andrew Smith provides a guide to the key principles to be applied on an application for maintenance pending suit and procedural points Maintenance pending suit will often not be reflective of longer term periodical payments and so it isn’t particularly necessary to go into longer term need for expenditure, especially that which is needed post-financial …
Continue reading "Maintenance pending suit: Reasonable and required?"
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Holly Cook looks at the impact of a life-limiting health condition when assessing financial claims on divorce In ND v GD, it was a matter for the wife and her litigation friend/power of attorney to decide how the funds were to be apportioned between housing and income needs, ie she may choose to spend less …
Continue reading "Financial provision: Planning for uncertainty"
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Claire Molyneux asks whether there is more that can be done to support separating families and minimise the impact on children, potentially by the introduction of a family lawyers’ charter The idea of a family lawyers’ charter is to support family lawyers themselves, in the sense of providing a reflective type of anchor for both …
Continue reading "In practice: Are we doing enough?"
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Andrew Scott sets out the approach taken to an application for adoption by a party to a relationship which had ended after the birth of the child The issue of whether there is an enduring family relationship is a question of fact and degree and a matter for the court to consider in every case. …
Continue reading "Adoption: A broad church"
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Rebecca Viola and Aimee Jones analyse the court’s approach in a case where various draconian orders were sought in relation to a father and the court’s reasons for making those orders In D v E, any decision in favour of promoting contact, or maintaining the father’s parental responsibility, would be a significant change of circumstances …
Continue reading "Private children: An exception to the rule"
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