The Practical Lawyer


Children – restriction of liberty

When can the court exercise its inherent jurisdiction and restrict a child’s liberty under a secure accommodation order? A 15-year-old young person (YP) was the subject of a care order.

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Financial remedies – future inheritance

A significant expected inheritance was not a resource of W for the purposes of financial remedies on divorce, the Court of Appeal has held.

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Children – medical treatment

A declaration was granted allowing the treatment of a severely disabled baby to be limited to palliative care as this was in his best interests. The parents wanted to continue further, alternative treatment.

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Children – appeal of fact finding

Two young brothers were at the centre of bitter s8 Children Act proceedings. The background is complex and lengthy (with the judge’s summary distilled from a 52-page chronology of events created by M’s lawyers).

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Children – care proceedings

What’s the interplay between the family court, and other courts, agencies and public authorities in care proceedings?

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Divorce – pension

Divorce practitioners should note a recent Court of Appeal ruling that the transfer of a pension fund by W, who was already divorced, was liable to inheritance tax.

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Financial remedies – Hadkinson order

A Hadkinson order is a draconian case management measure, only to be used as a last resort where a litigant is in wilful contempt.

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Children – safeguarding guidance

Updated safeguarding guidance, to be read in conjunction with relevant statutory guidance, has been issued by the government.

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Children – jurisdiction

M is a Brazilian national and had wrongfully removed her son from Spain to the UK. F is a Spanish national and sought the child’s return to Spain.

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Financial remedies – variation of orders

F applied for an order varying a financial order by discharge, because the son now lives with him in Canada. M made an application to enforce the existing order.

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