New government guidance confirms that if a young person from another country has already turned 18 by the time an adoption order has been made, citizenship should normally be granted (and promptly). International adoptions can take longer than usual given they are typically more complex, engaging jurisdictional issues and immigration law. However, the British Nationality …
Continue reading “Adoption – immigration; young adults”
In this very high-value case, a prenup provided for the parties’ joint accounts to be used for household bills and living expenses. In practice, they were also used during the marriage to fund millions of pounds worth of expensive items for furnishing the home. At issue was whether those items were to be treated as …
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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 …
Continue reading “International adoption – rule breach”
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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Where either or both parties have business assets, the matter of valuing the assets can be particularly complex and challenging. Expert professional valuations are crucial to determining the issues, given the factors at play. The parties separated after a marriage lasting around five years. H was a dual citizen in the UK and in country …
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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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