Applying to commit for breach of a child arrangements order

Sarah Keily discusses the decision in CH v CT, which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.

Full article: Family Law

Surrogacy and HFEA Update: July 2018

Andrew Powell, barrister of 4 Paper Buildings, considers recent important judgments concerning surrogacy and highlights the focus of the Law Commission’s review of the law of surrogacy.

Full article: Family Law Week

Divorce & Financial Remedy Update, July 2018

Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2018.

Full article: Family Law Week

Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets

The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.

Full article: Family Law

Court of Justice finds UK transgender state pension law discriminatory

A ruling by the CJEU that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women.

Full article: Family Law

Property rights on separation – where do unmarried couples stand?

The case of Dobson v Griffey is a stark reminder of the limited legal rights that apply to cohabiting couples and the unequal treatment in law resulting from their non-marital status.

Full article: Family Law

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30

Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.

Full article: Family Law Week

Farming disputes and proprietary estoppel: Gee v Gee

In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies with the claimant in that case capturing the media’s attention as the ‘Cowshed Cinderella’.

Full article: Family Law

Court of Appeal sets out approach when considering SGOs in care proceedings

Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings?

Full article: Family Law

Akhmedova v Akhmedov: piercing the corporate veil

This article takes a look at the recent judgment made in Akhmedova v Akhmedov where the wife sought to enforce financial provision orders in the region of a £453m lump sum, after the Russian billionaire husband had taken elaborate steps to conceal his wealth and evade enforcement of the judgment.

Full article: Family Law

Human Rights Act Claims and Care Proceedings: A New Dawn

Will Tyler QC and Ben Mansfield, both of 36 Family, who jointly represented the Local Authority and Father in Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018], consider the important new Guidance from the Legal Aid Agency, appended to the judgment, which confirms a fundamental change in the Lord Chancellor’s position.

Full article: Family Law Week

When does a marital contribution become special?

Over 10 days in June 2017 Mr Justice Baker heard an application made by the wife for a financial order. Judgment was handed down to the parties six months later in December 2017, but was not made public until mid-June owing to reporting restrictions (see XW v XH [2017] EWFC 76).

Full article: Family Law