The Practical Lawyer


War pension – unmarried partners and discrimination

A war pension denying an unmarried partner any pension payments was potentially discriminatory.

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Placement orders – premature making of

The court made care orders and placement orders in respect of two brothers (T). T had emotional and behavioural problems and the LA’s care plan was that they should be moved to a therapeutic foster placement, with a view to adoption thereafter.

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Adoption – impact on maintenance

When an adoption order is made, any PR that anyone else (other than the adopters) had for the child immediately prior to the making of the order is permanently extinguished.

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Care proceedings – instruction of expert

In care proceedings the court allowed the LA to include material relevant to past reports of sexual misconduct by the father in the papers to be sent for professional assessment by a jointly instructed independent social worker.

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Forced marriage – helpline

A new national helpline for victims of forced marriage and honour-based violence has been launched. The ‘Honour Network’ is staffed by survivors offering emotional and practical support.

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Civil partnership – ‘bigamist’

A mother of five children has been sentenced to eight months in prison, suspended for two years, and 100 hours of community service for making a false statement to a registrar in connection with a civil partnership.

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Marriage – voidable or void?

A man who suffered from severe impairment of intellectual functioning and autism was married in a Muslim ceremony by telephone, arranged by his parents, who were of Bangladeshi origin.

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Ancillary relief – limited assets

A recent case will be of interest because all the assets came from the wife’s inheritance, acquired before the marriage. It is also of interest because of what Lord Justice Wall has to say about ‘big money’ cases:

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Appointment of guardians – guidance

New guidance on the appointment of guardians under rule 9.5 of the Family Proceedings Rules, issued by the President of the Family Division, provides that any appropriately nominated judge or district judge can make an order under 9.5.


Placement Order – application for leave to revoke

Section 24 of the Adoption and Children Act 2002 provides: ‘(5) Where – (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court’s leave be placed for adoption under the order.’

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