Broken family

Sir Andrew McFarlane, who succeeded Sir James Munby last week, is demonstrating plenty of empathy. But practitioners filled with trepidation about the future also detect steel in his leadership, reports Grania Langdon-Down.

Full article: Law Society Gazette

Crackdown on divorcing parents who ‘alienate’ children from former partners

Parents could have access to their children restricted if they try to turn them against their child’s other parent, under a trial process about to be rolled out by Cafcass.

Full article: Family Law

The rise of private FDRs

Sir James Munby’s parting shot.

Full article: Family Law

Capacity in the context of Prader-Willi syndrome

Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome.

Full article: Family Law

Crucial new guidance regarding Intercountry Adoption

The Hague Conference on Private International Law has recently published extremely helpful guidance on the interpretation of habitual residence and scope of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

Full article: Family Law

Children Private law update Summer 2018

Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.

Full article: Family Law Week

Mills v Mills: Fairness over needs: Taking the ‘cherry’ out of the ‘meal ticket’

Many family lawyers (including me) are starting to put the 'meal ticket for life' phrase in the same bracket as 'quickie divorce' and 'common law spouse'.

Full article: Family Law

Travelling abroad with children after separation – is permission needed?

Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.

Full article: Family Law

Domestic abuse and child contact: key advice on understanding the child’s experience

Asking the right questions can make children feel comfortable talking about their experiences and allow the practitioner to understand their point of view.

Full article: Community Care

Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do

President of the Family Division Sir James Munby speech to the Family Justice Young People’s Board re: children who want to come to court.

Full speech: Courts and Tribunals Judiciary

The relevant principle of proprietary estoppel (Thompson v Thompson)

Thompson v Thompson demonstrates the willingness of the court, in appropriate circumstances, to award the entirety of a farm to a farmer’s child following a lifetime of work and after informal promises of succession made to him by his parents, under the doctrine of proprietary estoppel.

Full article: St John's Chambers (PDF)

Attorney retrospective approval of gifts from donor accounts

What are the rules governing retrospective approval of gifts and payments for voluntary care? Simon Edwards discusses Re HH which demonstrates the necessity for someone who has power of attorney to retain proper records of care payments.

Full article: Family Law

Supreme Court outlines nine key principles of section 20 practice

A recent court case outlined how social workers should approach section 20 arrangements.

Full article: Community Care

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