The Practical Lawyer


Disclosure – anonymity

The applicant’s general application for disclosure was refused, but he was permitted specific limited access to a limited number of documents regarding his family history.

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Maintenance Protocol – change of habitual residence

A child maintenance claim under the Maintenance Protocol, which included a retroactive claim, was made by a child whose parents are German nationals.

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Children – financial provision

M made three applications under Schedule 1 CA 1989 in a high-value separation case in which F had consistently deployed the so-called ‘millionaire’s defence’.

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Children – care proceedings

M successfully applied under s39 CA to discharge a care order in respect of her eight-year-old son (L). The LA had provided no tangible evidence of any individual concerns.

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Procedure – court bundles

The President of the Family Division has issued a final draft revised Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court) – in force from 23 July 2018.

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Contempt of court – care proceedings

M was sentenced to six months in prison, suspended for 12 months, for contempt. She had already breached three injunctions prohibiting her from posting information about care proceedings involving two children (now adults) which started eight years ago.

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Financial remedies – delay in application

H was not entitled to financial remedies when he applied 26 years after the decree nisi was granted. The parties married in 1983, but the marriage broke down in 1991.

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Financial remedies – company assets

A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset.

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Procedure – standard orders

The President of the Family Division has issued an addendum to the Practice Guidance: Standard Financial and Enforcement Orders – Update issued by him back in November 2017.

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Financial orders – future earning capacity

H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled.

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