Alienating behaviours vary in intensity, and in the extent of the emotional, social and psychological impact on the children. Such behaviours include manipulation, false allegations of abuse and encouraging bad feeling towards a parent. There is not yet any formal legal definition of parental alienation, but the Family Justice Council issued valuable guidance on the …
Continue reading “Children – parental alienation”
The SC has issued an important judgment relating to secret profits. The case summary is as follows: ‘Background to the Appeal This is an appeal about the “profit rule” for fiduciaries. Fiduciaries, such as trustees or company directors, owe a duty of loyalty to their beneficiary/principal (the person for whom they hold or manage property, …
Continue reading “SC – secret profits”
Two key issues in these proceedings following a 40-year marriage were the valuation of H’s company shares, and how the consideration received by W for the sale of another company should be treated. W is British; H holds dual British and US citizenship and worked in finance. In 2012 H purchased 1,000+ Bitcoin at a …
Continue reading “Financial remedies – company assets”
A party’s poor conduct, including persistent abusive communications, was not ‘exceptional’ enough to impact the final financial award. The key issue in dispute in this high-value case was the valuation of a company. The parties had been married for 19 years and had 12-year-old twins who lived with W. W had applied for financial remedies …
Continue reading “Financial remedies – conduct; company assets”
Was an older child’s expressed wishes and feelings the result of M’s influence and not, therefore, genuinely felt? This was a key issue of disagreement concerning a girl (C) at the centre of long, complex private law proceedings – the most difficult and depressing case Hale HHJ said he had ever presided over in 17 …
Continue reading “Child arrangements – child’s wishes”
J was granted a declaration of non-parentage in respect of 16-year-old twins he was financially supporting. The children were born as a result of IVF treatment in Cyprus. The parties married in April 2008, three months before the twins were born. Sadly, they separated in 2009 and J had no contact with the twins since …
Continue reading “Child maintenance – declaration of non-parentage”
The LA applied for a care order in relation to a six-year-old (P). The application emanated from lengthy private children proceedings. The LA had eventually become involved and P was removed from M’s care in October 2023 under an interim care order. At the hearing for an interim order, there was a wealth of evidence …
Continue reading “Public law – proceedings”
Discharging care orders would not be good for the welfare of the children, the family court decided. It was for the applicant to show on balance that discharging the orders would be beneficial to the child. M applied for care orders in respect of S (a teen) and P (primary school age) to be discharged …
Continue reading “Care orders – discharge”
Increased court fees came into effect on 1 April 2025 to account for changes to the Consumer Price Index (CPI). Fees that have increased include the following under the Family Proceedings Fees Order 2008: application for a divorce, nullity or dissolution of CP is now £612 (up from £593); application for matrimonial or civil partnership …
Continue reading “Practice – court fees”