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Family

Children – adoption; jurisdiction

Jurisdictional issues may arise where prospective adopters in England and Wales seek to adopt a Scottish child. Useful judicial guidance has now been given regarding jurisdiction and applications for adoption in this situation.

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Procedure – de-linking financial and divorce proceedings

The new process of administratively de-linking financial proceedings from divorce proceedings has commenced, with the aim of improving how financial applications are dealt with. Financial remedies proceedings and divorce proceedings are now being run separately.

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Children – Hague Convention

A mother blatantly instigated an entirely premeditated and flagrant abduction of the children from the United States, and was ordered to return them.

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Children – guardians

A Law Society practice note gives useful guidance for practitioners appointed by the court to represent children in proceedings in the case of delays between the order appointing a children’s guardian in specified proceedings, and the allocation of a children’s guardian. The guidance is aimed at all solicitors representing children in public family law proceedings.

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Abduction – return order

M sought the return of her two very young children from Madagascar where they were living with F after he wrongfully removed them from the UK. The children are UK citizens and have UK passports and are entitled to Madagascan citizenship. F is a UK and Madagascan citizen and was living in the UK when the parties married in 2012, and M is an Indian citizen who came to the UK on a student visa in 2011.

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Financial remedies – settlements

W made her acceptance of the terms of a financial settlement conditional on H having made full and frank disclosure of all his assets at the time, the Court of Appeal has ruled. H’s failure to provide full and frank disclosure meant the settlement could be reopened.

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Children – surrogacy

The difficulties that can particularly arise where same-sex couples choose to become parents are illustrated in a recent case. The background to this case is somewhat complex. Two men in a civil partnership had twins born in 2013 to a surrogate. A is the biological father, and he and B wanted another child using the gametes of the woman who donated the eggs for the twins’ conception.

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Procedure – serious case reviews

New guidance on judicial co-operation with serious case reviews (SCR), applicable to judges sitting in the Family Division or the Family Court, has been issued by the President of the Family Division. SCRs may, for instance, follow the death of a child where the local authority has had contact with the child.

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Procedure – TOLATA

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is not the preserve of the Chancery Court by any means, with trust law often arising in the family law context in a number of situations, including:

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Page 9 of 83

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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