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Cafcass – independent reviewing officers

Cafcass has published an updated Practice Note: Cafcass and the Work of Independent Reviewing Officers
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Procedure – parents with learning disability

Formal guidance has also been issued by the President in relation to family proceedings where a parent has a learning disability. 
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Procedure – adoption; final hearings

The President of the Family Division has given guidance clarifying the legal requirements and practical arrangements for final hearings in adoption applications, and adoption visits.
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Divorce procedure – defective petitions and decrees

Divorce petitions issued in breach of s3 MCA 1973 are null and void, and any decree nisi or decree absolute purportedly granted by the court as a result is therefore null and void. 
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Declaration – presumption of death

The court was satisfied that a missing person had not been known to be alive for at least seven years, and a declaration of presumed death was granted under the Presumption of Death Act 2013.
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Child maintenance – enforcement abroad

Family practitioners will find useful a recent House of Commons briefing paper on child maintenance where a non-resident (NR) partner/person with care lives abroad.

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Procedure – REMO countries

Reciprocal enforcement of maintenance orders (REMO) is vital where child maintenance orders need to be enforced in both EU and non-EU countries.

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Adoption – new regulations

 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018.

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Care orders – human rights

The key issue for the court to consider when identifying and determining whether a child who is the subject of care or interim care orders is deprived of their liberty is whether the child is being confined.

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Separation – equity in property

An estranged couple agreed between them that H would pay half of the mortgage repayments on W’s property. Despite his failure to do so, W later had the property transferred into both their names – and H then became bankrupt.

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Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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