An innocent breach of rules prohibiting the bringing of a child to the UK for the specific purpose of adoption was not an absolute bar to an adoption order. Section 83 ACA prohibits an individual from bringing a child to the UK for the purpose of adoption. This is to protect children from maltreatment or …
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As readers will know from the above case, s83 ACA prohibits an individual from bringing a child to the UK ‘for the purpose of adoption’ – a phrase for which there is no statutory guidance. In this case, the key issue was what ‘for the purposes of adoption’ means in circumstances where an aunt (A) …
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The court has power to vary or suspend a periodical payments order under s31 MCA if a parent’s financial circumstances change significantly. As always, the court will consider the welfare of the children before making any order. A was a company executive in China with an income assessed at £7,500 a month. In June 2023 …
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In February’s edition of PL, we covered an adoption decision in which a judge criticised the LA for refusing a birth mother direct contact with the child. Another LA has attracted judicial criticism for its failure to understand its obligations around support services. LAs have a statutory obligation to offer appropriate support services to prospective …
Continue reading “Adoption support services – statutory obligations”
The Family Justice Council has published best practice guidance for lawyers on neurodiversity in the Family Justice System. The move is intended to provide fairer treatment for neurodivergent children and families given the additional barriers they face. Aimed particularly at legal practitioners who work with neurodivergent users of the justice system, the President states in …
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Any application to court to change a child’s name should be decided on its own particular facts, the CA has ruled. C identified as non-binary. In June 2024, M’s application to change C’s name from a ‘male’ to her current ‘female’ name was dismissed. The issue for the court was whether it should make a …
Continue reading “Change of name – gender identity”
The decision to appoint an intermediary (including lay advocates) in family proceedings is always one for the judge. The President has issued Practice Guidance on The use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court. It is important that readers note that when a party applies for a cognitive assessment or an …
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Here is the press summary of the widely commented upon case involving a moth infestation and a £32.5m house: ‘1. Judgment is given today in the claim of Iya Patarkatsishvili and Yevhen Hunyak (“the Claimants”) for rescission and damages for fraudulent misrepresentations made by William Woodward-Fisher (“the Defendant”) in the sale of a house, Horbury …
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All MLROs and senior managers of law firms should read the February 2025 report published by the Office of Financial Sanctions Implementation (OFSI) addressing threats to UK financial sanctions compliance. The report outlines OFSI’s assessment of threats to sanctions compliance involving UK financial services firms since February 2022. UK financial sanctions legislation applies to all …
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The CA has recently heard a case which raised a point of ‘some general importance’ on the construction of s7 Interpretation Act 1978. The CA summarised the position thus: ‘1. … This section, which re-enacts a materially similar provision in s. 26 of the Interpretation Act 1889 (“IA 1889”), provides as follows: “7 References to …
Continue reading “AST – advance documents”