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Family

Care orders – human rights

The key issue for the court to consider when identifying and determining whether a child who is the subject of care or interim care orders is deprived of their liberty is whether the child is being confined.

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Separation – equity in property

An estranged couple agreed between them that H would pay half of the mortgage repayments on W’s property. Despite his failure to do so, W later had the property transferred into both their names – and H then became bankrupt.

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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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