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Blog 26th February 2015

Warning: when settlement discussions cause prejudice

Until an algorithm is applied to determine the division of assets and income on relationship breakdown, a separating couple who want to sort out financial matters between them are rightly channelled into agreeing a solution, rather than surrendering to the prospect of painful, protracted and pricey court proceedings. On or before separation, armed only with […]

Blog 16th February 2015

Lunatics take over the asylum

In Re A (children) (2015)the Court of Appeal has upheld an appeal following a Judge’s use of ‘unrestrained and immoderate language’ which constituted a serious procedural irregularity when dismissing a child’s application for a DNA test to enable a declaration of paternity. Care orders had been made by consent in respect of the child and […]

Blog 12th February 2015

Crossing the Rubicon? Adoption and A & B v Rotherham Metropolitan Borough Council

Just over a year ago I wrote and presented a lecture on the (then) new case of Re B-S [2013] EWCA Civ 1146, the facts of which every family lawyer is more than familiar with. I think it’s fair to say though that the focus, from very early on, was on the ‘wider principles’ raised […]

Blog 5th February 2015

Shared parental leave

From 5 April 2015 the long awaited rules in relation to Shared Parental Leave (“SPL”) will come into effect. Whilst this may still seem some way in the future, from this month those wishing to take such leave will start handing in their notices and employers need to ensure the requisite procedures are in place. […]

Blog 26th January 2015

Self-represented parents and the cross-examination of a child

The abolition of legal aid for family cases and the concomitant increase in the number of self-representing parents appearing before the new single Family Court, continues to raise troubling (and perhaps unforeseen) legal situations that risk damaging our justice system and the rights of those who come before the courts. The recent case of Re […]

Blog 12th January 2015

Extendable spousal maintenance terms – an attack on the Fleming principles

In his judgment in SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam) Mostyn J set out the principles of spousal support post-marriage and sought to undermine the high threshold imposed in Fleming v Fleming when a party seeks to extend a maintenance order where there is no Section28 (1A) prohibition. The case involved a […]

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