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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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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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 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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DivorceRight to self-identity and a change of given name
The Court of Appeal (CoA) was faced with a question regarding a change of given name. Background: C is one of three children caught up in bitter litigation between their parents regarding their
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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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DivorceAbuse of process – ensure your application brings something new
The High Court dealt with a divorce case ‘as extraordinary as one can imagine’, one that spanned two decades and continents. Background: Mr. Taiga, now 77, and Ms. Ogbedo, now 56, were married
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DivorceDoes the ‘right-to-buy’ defy death?
The Court of Appeal (CoA) had to answer whether a family member of a secure tenant has the right to buy posthumously under the Housing Act 1985. Background: Mrs. Laura Howe was the secure tenant of
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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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