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Family

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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Children – relocation

F successfully appealed a decision allowing an appeal from a relocation order. M wanted either to relocate to Italy with the parties’ five-year-old son, or stay in the UK with him in her primary care. However, F wanted their son to remain in the UK with continued shared arrangements between him and M.

At first instance, the judge departed from the Cafcass officer’s recommendations and concluded on a fine balance that it would be in D’s best interests to remain in the UK and for both parents to share his care.

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Procedure – urgent issue of petition

The author comments on circumstances when practitioners face the need for the urgent issue of a divorce petition when a freezing injunction is needed, or when there is a forum dispute. She writes following contact with a fellow family lawyer who received an official line from HMCTS thus:

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Page 4 of 84

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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