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Procedure – child maintenance

Updated forms (and guidance) in relation to child maintenance decisions have been published by the Official Solicitor and Public Trustee’s Office.

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Cafcass – independent reviewing officers

Cafcass has published an updated Practice Note: Cafcass and the Work of Independent Reviewing Officers
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Procedure – parents with learning disability

Formal guidance has also been issued by the President in relation to family proceedings where a parent has a learning disability. 
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Procedure – adoption; final hearings

The President of the Family Division has given guidance clarifying the legal requirements and practical arrangements for final hearings in adoption applications, and adoption visits.
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Divorce procedure – defective petitions and decrees

Divorce petitions issued in breach of s3 MCA 1973 are null and void, and any decree nisi or decree absolute purportedly granted by the court as a result is therefore null and void. 
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Declaration – presumption of death

The court was satisfied that a missing person had not been known to be alive for at least seven years, and a declaration of presumed death was granted under the Presumption of Death Act 2013.
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Child maintenance – enforcement abroad

Family practitioners will find useful a recent House of Commons briefing paper on child maintenance where a non-resident (NR) partner/person with care lives abroad.

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Procedure – REMO countries

Reciprocal enforcement of maintenance orders (REMO) is vital where child maintenance orders need to be enforced in both EU and non-EU countries.

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Adoption – new regulations

 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018.

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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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Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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