Article archive

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....

X v X [2012] EWHC 538 (Fam)

03/05/2012 19:38
  Judgment following final hearing in a settled financial remedy case, giving guidance as to the preparation and presentation of such cases. This judgment follows a final hearing in a financial remedies case. The case had had to be adjourned at the end of its seventh day as it had become...

H (A Child) [2012] EWCA Civ 281Court of Appeal

03/05/2012 19:34
Court of Appeal. Appeal in private law contact proceedings between the father of C, and C’s mother and her husband. The circuit judge had set aside, on appeal, a district judge’s decision and imposed a different conclusion without conducting a full evaluation process. Appeal allowed. The...

In the matter of S (a Child) [2012] UKSC 10

03/05/2012 19:31
Appeal by mother to the Supreme Court against an order of the English Court of Appeal that she should immediately return her son, aged two, to Australia. The mother relied on Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980. Appeal allowed. BACKGROUND...

LSdC (A Child) [2012] EWHC 983 (Fam)

03/05/2012 19:24
LSdC (A Child) [2012] EWHC 983 Fam Residence dispute in which the father contended that the Portuguese court (which had been seised of the proceedings) retained jurisdiction whereas the mother wished the English courts to determine the matter. The father made an application for registration,...

Residence Order

29/04/2012 14:48
  A Residence order settles with whom the child lives and not to whom the child belongs. It also provides Parental Responsibility to the holder of the order for the lifetime of the order. The residence order usually lasts until the child turns 16 years of age unless due to exceptional...

Contact Order

29/04/2012 14:46
A contact order basically requires the person the child is living with to allow the child to stay or visit the person bearing the said order, or at least for the bearer and the child to keep in touch. A contact order is usually brought up when two parents cannot agree on the type of contact...
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