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Civil partnerships – status abroad

The legal status of an English civil partnership is not recognised in a number of countries, warns the author of this article who states that ‘civil partners have no different status in law to cohabitants in those countries’ – placing them in real difficulty.

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Child abduction – jurisdiction

M’s application to set aside an order to return the children from Poland to England was refused – even though the children had lived in Poland for the previous 15 months and M had successfully defended proceedings under the Hague Convention.

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Parenthood – paternity

A’s application to the High Court for a declaration of legitimacy under s55A FLA 1986 was dismissed as ‘manifestly abusive’.

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Procedure – non-molestation orders

The author provides an important analysis of non-molestation orders under FLA 1996 (Pt 4, s42), in view of the recent practice direction (PD12J) on domestic abuse – which gives a definition of molestation in child proceedings.

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Procedure – modernising divorce

In this brief but useful article, the author considers divorce procedure in light of proposals for no fault divorce, and against the background of a digital age.

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Children – contact

The judge failed to test his factual conclusion against family law principles, the Court of Appeal held in a landmark case where F was refused direct contact with her children.

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Procedure – amended FR forms

Following the recent issue of Practice Guidance on Standard Financial and Enforcement Orders in November 2017, practitioners should note that there was a minor error affecting some of those standard forms in financial remedy cases. The President of the Family Division has reissued the orders, now corrected as appropriate. Source: www.familylawweek.co.uk.

 

Procedure – identification of LA

The principal issue in this case was whether, on publication of information relating to special guardianship proceedings, the local authority involved should be named. The question, said the court, was whether the grandmother should have the right to tell her story and whether as part of the telling of it, the LA should be named. It decided that the LA – Gloucestershire County Council – should be named.

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Children – child abduction

In Hague Convention proceedings, the judge erred in her finding acquiescence on the part of F. The correct conclusion was that F acquiesced in M remaining in England by entering into a custody agreement. Proceedings were brought under the Hague Convention concerning their 21-month-old son.

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Practice – disbarring solicitor

An application was made by H to have W’s solicitor debarred from acting for her in divorce proceedings commenced by her, on the basis that certain confidential, privileged matters had been divulged to her law firm.

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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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