News & Guides
Expert commentary, case analysis, and practical guides on divorce, children's arrangements, financial remedy, and more.
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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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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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DivorceFinancial ArrangementsMaterial misrepresentation in financial remedy proceedings
The Court of Appeal (CoA) was asked whether the Lower Court should have set a judgement aside based on inaccurate evidence given by the wife and her failure to comply with her duty to give full and
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Financial ArrangementsA sub-sale scheme between husband and wife may actually increase the consideration due to HMRC
It is tempting to sub-sell interests in a property to your spouse to avoid paying Stamp Duty Land Tax (SDLT). However, such a scheme could, in fact, backfire and result in a higher consideration being
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