News & Guides
Expert commentary, case analysis, and practical guides on divorce, children's arrangements, financial remedy, and more.
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Child ArrangementsCan your parents decide where you should live, on the ground that it is in your best interest?
The High Court heard an application for the wardship of a young male wanting to return to the UK and whether the parents’ decision to remove S to Ghana was within their rights of parental
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Child ArrangementsFamily LawConsidering an unlawful foreign surrogacy arrangement – think about it twice!
The High Court took the opportunity given by this case to issue a stark warning to parents considering unlawful surrogacy abroad. As Sir Andrew McFarlane P noted, this case aims to draw attention
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Child ArrangementsParental orders can be troublesome in cases of anonymous surrogacy
The High Court was faced with a peculiar set of facts in which the biological father, who is also one of the applicants, was known but the biological mother was not. Background: Mr. and Mrs. H met
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Child ArrangementsFamily LawInternational child abduction: The weight given to objections of the children
The family courts have dealt with various abduction cases over the years and some have had similar factual circumstances. In at least two cases English courts were faced with the children objecting to
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Child ArrangementsDetermining a child’s habitual residence
The Court of Appeal (CoA) had to determine the habitual residence of a newborn child to determine which council was responsible for the care of a baby born prematurely. Background: G was born
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Child ArrangementsLocal authorities have a deeply legislated duty to house children
The Court of Appeal (CoA) reaffirmed the distinction between Section 20 of the Children Act 1989 (CA 1989) and Section 175 of the Housing Act 1996. Background: The claimant, a 17-year-old woman, had
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Child ArrangementsBeware of the use of fertilised embryos without the written consent of the deceased
The High Court was faced with tragic circumstances and the difficult question of whether EF could use an embryo created with his sperm and his late wife’s eggs in treatment with a surrogate.
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Child ArrangementsFamily LawRecognition of Nigerian adoption
The High Court had to apply the common law test for the recognition of foreign adoption. Background: Mrs. O, a Nigerian-born born in 1972, moved to live in the UK with her family circa. 1978. In
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Child ArrangementsFamily LawAdoption orders where the adoption under the Foreign Element Regulations 2005 have not been fully complied with
The Court heard a case which raised important legal questions regarding the correct interpretation of Section 83 of the Adoption and Children Act 2002 (ACA 2002) and the possibility of making an
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Child ArrangementsThe legitimacy of international surrogacy agreements and Parental orders
The High Court faced an application for a Parental Order relating to a surrogacy arrangement made in Germany. Background: Mrs. W and Mr. W applied for a Parental Order application for their son F
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Child ArrangementsFamily LawNegotiating relocation orders for a child
The High Court (HC) recently heard an appeal against a Family Court Order (FCO) permitting a mother to relocate with her child. Background: The father and mother met in 2015 and were married in
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Child ArrangementsFamily LawSelling your spouse’s property to fund your legal costs following a child abduction is not straightforward
The High Court was faced with this very unusual question when a mother did not seek to sequester the father’s property to pay the money she was owed, but rather to fund the costs of her litigation in
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