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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 5 of 85

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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