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Child maintenance – enforcement abroad

Family practitioners will find useful a recent House of Commons briefing paper on child maintenance where a non-resident (NR) partner/person with care lives abroad.

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Procedure – REMO countries

Reciprocal enforcement of maintenance orders (REMO) is vital where child maintenance orders need to be enforced in both EU and non-EU countries.

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Adoption – new regulations

 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018.

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Care orders – human rights

The key issue for the court to consider when identifying and determining whether a child who is the subject of care or interim care orders is deprived of their liberty is whether the child is being confined.

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Separation – equity in property

An estranged couple agreed between them that H would pay half of the mortgage repayments on W’s property. Despite his failure to do so, W later had the property transferred into both their names – and H then became bankrupt.

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Civil partnerships – status abroad

The legal status of an English civil partnership is not recognised in a number of countries, warns the author of this article who states that ‘civil partners have no different status in law to cohabitants in those countries’ – placing them in real difficulty.

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Child abduction – jurisdiction

M’s application to set aside an order to return the children from Poland to England was refused – even though the children had lived in Poland for the previous 15 months and M had successfully defended proceedings under the Hague Convention.

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Parenthood – paternity

A’s application to the High Court for a declaration of legitimacy under s55A FLA 1986 was dismissed as ‘manifestly abusive’.

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Procedure – non-molestation orders

The author provides an important analysis of non-molestation orders under FLA 1996 (Pt 4, s42), in view of the recent practice direction (PD12J) on domestic abuse – which gives a definition of molestation in child proceedings.

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Procedure – modernising divorce

In this brief but useful article, the author considers divorce procedure in light of proposals for no fault divorce, and against the background of a digital age.

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