The variation or revocation of a settlement order under the Children Act 1989

In Re C (A Child) (Schedule 1 Children Act Variation) the Family Court examined the power of a court to vary or revoke an order for the settlement of property that had already been made.

Full article: Family Law

The importance of the child’s voice when enforcing orders under the 1996 Hague Convention

F and M [2018] EWHC 2106 (Fam) is an interesting Anglo Russian child case with a lengthy history.

Full article: Family Law

Tax and spousal maintenance obligations for international families: the UK experience of the imminent US changes

On 31 December 2018 the US has a significant change in its tax treatment of spousal maintenance, alimony payments.

Full article: Family Law 

Posthumous conception: a legacy in life, incapacity and death

Louisa Ghevaert and Michael Mylonas QC consider the ground breaking decision in Y v A Healthcare NHS Trust and others [2018] EWCOP 18.

Full article: Family Law Week

Reforms to improve enforcement of family financial orders fall short

Plans to make it easier for divorcees to enforce financial orders of the courts in England and Wales do not go far enough to address the challenges those divorcees face in obtaining access to offshore assets of high net worth individuals.

Full story: Out-Law.com

Children: Public Law Update (August 2018)

John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.

Full story: Family Law Week

Disclosure and the family lawyer – Part 1

Disclosure: reliance of the family law on common law and civil proceedings rule.

Full article: ICLR

Procedural challenges in a fact-finding hearing in wardship proceedings

The case of M v F and others [2018] EWHC 1720 (Fam) is a reminder that the main issues in the case should be identified and addressed as early as possible in proceedings.

Full article: Family Law

Liberty protection safeguards to protect vulnerable people in care

Private Client analysis: Amendments to mental health legislation aim to correct some of the current system’s obvious failings.

Full article: Family Law

Divorce and Financial Remedy Update, August 2018

Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during July 2018.

Full article: Family Law Week

Inadequate police disclosure in care proceedings

Following A Local Government v A and others, a hearing involving the death of a baby in suspicious circumstances, Gemma Taylor QC and Samantha Bowcock stress the importance of disclosure of relevant material in care proceedings and examine the steps that police and local authorities should take in order to avoid compromising a case.

Full article: Family Law

Depriving children of their liberty: Resources and Reform

Michael Jones, barrister, Deans Court Chambers, Manchester, considers the use of the court’s inherent jurisdiction in some deprivation of children’s liberty cases and calls for urgent reform.

Full article: Family Law Week

Mills v Mills Spousal Maintenance – A Meal Ticket for Life?

On 18th July the Supreme Court held that the Court of Appeal erred in increasing W's pps from £13,200 to £17,292 – the increase being the deficit in W’s ‘Needs Budget’; her ‘needs’ including her costs of renting a property when capital provision had been settled to meet her housing need.

Full article: No5 Chambers

The Divorce Trap: Life After Owens v Owens

Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision.

Full article: Family Law Week

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room

In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce.

Full article: Family Law

Are the parameters of professional privilege about to be redefined?

Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.

Full article: Family Law