Article archive

FINANCIAL REMEDIES/COSTS: Alyami v Musallam

17/12/2012 18:46
(Court of Appeal, Thorpe, Patten LJJ, David Richards J, 28 November 2012) The family moved to London to enable the husband to study. He had no assets of his own and the family was supported by the wife who had received a considerable inheritance after her father's death. Following the breakdown...

ABDUCTION: Re J (A Child: Habitual Residence) [2012] EWHC 3364

17/12/2012 18:45
(Family Division, Peter Jackson J, 3 December 2012) The 7-year-old girl had been cared for primarily by the maternal grandparents in the UK when her mother returned to the USA, where she had been born. For the past 6 years the mother had no involvement with her child aside from recent video...

Child development research highlights need to reduce delays in family justice system

17/12/2012 13:39
A new research paper commissioned by Department of Education warns that the family justice system needs to reduce delays in making decisions regarding the welfare of children in order to prevent long-term damage to their development. The paper was prepared by Rebecca Brown and Harriet Ward from...

Guidelines in relation to children giving evidence in family proceedings

17/12/2012 13:35
These guidelines on the issue of children giving evidence in family proceedings, have been produced by the Family Justice Council Working Party on Children Giving Evidence, chaired by the Lord Justice Thorpe. The working party was set up following a referral from the Court of Appeal in Re W...

Legal aid bill set to become law

17/12/2012 13:33
The reforms will make considerable changes to the legal aid system, including reversing the position under the Access to Justice Act 1999, whereby civil legal aid is available for any matter not specifically excluded. As a result, all private law children cases (subject to limited exceptions)...

Grey v Grey [2010] EWHC 1055 Apeal concerning a spousal maintenance order in which the impact of the wife’s relationship with another on the assessment of the maintenance award was determined

30/07/2012 11:17
  . Singer J's judgment arises from the Court of Appeal decision to remit the further investigation required by it into the relationship between the wife and the father of her child, Mr. Thompson, after the husband sought to appeal the spousal maintenance order made by Singer J at the...

Parental alienation and intractable contact disputes May 2012

12/06/2012 14:14
Intractable, difficult, complex – whatever term is used for the sort of case when a child is resisting contact without objective justification – these are the hardest private law children cases to resolve. They often take a long time. They almost always result in considerable distress, whether...

Contact order without a order in favor of Residence

09/05/2012 11:29
H (A Child) [2011] EWCA Civ 585 Contact proceedings where findings which the judge at first instance had been minded to make but had not actually made, were introduced. Appeal successful and order amended. Important guidance also given by Thorpe LJ re. court’s power to make contact orders where...

AF v T and another [2011] EWHC 1315 (Fam)

03/05/2012 19:53
The applicant, A's father, was a British citizen of Jordanian origin. The respondent, A's mother, was a German citizen of Eritrean origin. There had been lengthy proceedings between the parties in relation to A between 2005 and 2008. Some findings of domestic violence had been made against the...

B v S (Financial Remedy: Marital Property Regime) [2012] EWHC 265 (Fam)

03/05/2012 19:41
The parties were married for 14 years and had two children aged 10 and 12. One of the issues in the case was the weight to be attached to an alleged agreement between the parties that they had adopted a matrimonial property regime of separate property that was made when they married in Catalonia....
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