News & Guides
Expert commentary, case analysis, and practical guides on divorce, children's arrangements, financial remedy, and more.
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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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DivorceFamily LawNot married? You must prove that you were not at your marriage ceremony
The High Court faced a complex case in which one party alleged that the couple was married in a civil ceremony while the other contended that it was a fraud and that someone had impersonated him. The
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DivorceFamily LawUse the right remedy to a care order!
The Supreme Court dismissed a father’s writ of habeas corpus after he challenged a care order over his children. Background: The children, aged 11 and 9, were placed under a care order by DJ
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DivorceFamily LawFinancial ArrangementsLegal service payment order in divorce: Ensure that your request is justified
The Family Court addressed complex and high-cost divorce proceedings, focusing on a legal services payment order and its various components. Background: This case relates to two applications made
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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 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 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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Child ArrangementsFamily LawCan a step-parent legally acquire parental responsibility?
The question is often raised as to whether a step-parent living with their partner’s child can acquire parental responsibility and, if so, how. The law is clear that a step-parent who is either
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Child ArrangementsFamily LawWhen is moving from supervised to unsupervised contact with children a red flag?
The High Court quashed a lower court decision due to serious procedural errors and the perception of potential harm to the children. Background: The parties had been married but, after they
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Child ArrangementsFamily LawThe immigration status of a child is of paramount importance in care proceedings
The High Court concluded that family proceedings cannot be used to influence the Home Office in making a decision, even if it is in the best interest of the child. Clarifying a child’s immigration
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