The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Family

Public law – parents with learning disabilities

The author comments on the issue of local authorities and ‘learning disabled’ parenting following a case concerning the suitability of parents where both had mental health and learning difficulties. The Family Court decided that their two young children should be placed for adoption as the parents could not meet their needs, and parental consent was dispensed with. The court also made a 12-month supervision order in respect of the children’s half-sister who was 12.

Subscribers only...
 

Unmarried partners – property rights

When will the courts allow the transfer of property to an unmarried partner out of a deceased partner’s estate? A recent ruling shows how the courts approach their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A). This is the first time an application by an unmarried partner under the amended subsections 1(1)(ba) and 1(1A) I(PFD)A has been heard.

Subscribers only...
 

Care proceedings – adoption

F’s appeal to the Court of Appeal of a decision to place his baby daughter with her sibling’s adopters was dismissed. B was born in Spring 2016, and her brother was born in 2015 and adopted in 2016. At issue was whether B should be adopted with her brother’s adoptive parents, or her father’s cousin and her partner. The trial judge made care and placement orders with a view to B’s adoption by the brother’s adoptive parents.

Subscribers only...
 

Procedure – family forms

Amended family forms are now in effect as of 8 January 2018. The amended forms reflect recent changes to the evidence requirements regarding domestic abuse. The relevant forms are:

Subscribers only...
 

Procedure – financial remedies courts

The President of the Family Division has issued a circular on Financial Remedies Courts which are expected to be piloted from February 2018 in London, the West Midlands and South-East Wales. To begin with, these will deal with ancillary relief cases, but will be extended to all financial remedies cases dealt with in the Family Court or Family Division. Initially, the FRC will function only with paper files, with transition to a digitised model to follow.

Subscribers only...
 

Declaration of parentage – jurisdiction

The English court was the more appropriate forum to determine an application for a declaration of parentage. A British woman (DA) of Turkish descent applied for the declaration of parentage under s55A Family Law Act 1986 to establish whether the deceased was her genetic or biological father. She sought this so that her birth certificate could be amended.

Subscribers only...
 

Procedure – amendments to FPR

A new Part 3A to the Family Procedure (Amendment No 3) Rules 2017 (which amend the FPR and came into force on 27 November 2017) has been inserted. Part 3A provides for participation of vulnerable persons in family proceedings.

Subscribers only...
 

Children – capacity; deprivation of liberty

The parents of a disabled 16-year-old boy (D) were capable of consenting to what would otherwise have been a deprivation of D’s liberty, on the basis that D lacked Gillick capacity. D lacked the mental capacity to make decisions about his residence and care. He had been placed by the LA in a residential placement under s20 CA with his parents’ agreement. D’s litigation friend, the Official Solicitor, had agreed that the placement was in D’s best interests.

Subscribers only...
 

Financial remedies – financial agreement

Even though both parties acted on their agreement and transferred assets to each other, a financial agreement had not been concluded. So held the Court of Appeal in a case where the purported agreement had been reached eight years before W started financial proceedings.

Subscribers only...
 

Care proceedings – s31 threshold

In a fact-finding hearing following the death of a toddler by one of her gay adoptive parents shortly following her adoption, the Family Court concluded that the s31 threshold was crossed, even though the other adoptive parent had been exonerated of any failure to protect her.

Subscribers only...
 


Page 5 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...

Resources

IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!
www.totallylegal.com