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Children – significant harm; perpetrators

June 2020 | Family

In this particularly distressing case, the CA had to consider the challenging issue of identification of a perpetrator among a pool of perpetrators. Giving his judgment, Jackson LJ gave guidance as to the correct approach to be taken in such cases. Three sisters aged ten and under had been infected with gonorrhoea. The police became …

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Prenuptial agreement – bankruptcy

June 2020 | Family

The parties married in 2010 – a second marriage for both of them – and five days before the wedding, entered into a short prenuptial agreement on which neither took legal advice. Under its terms, there would be a separation of property. W ran a successful business in the UK where she and H always …

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Hague Convention – toolkit

June 2020 | Family

A Covid-19 toolkit compiling relevant guidance and resources to help users of the Hague Conventions and other instruments has been released. It has been developed by the Hague Convention Permanent Bureau and published by the Hague Conference on Private International Law in response to the closures of international borders, Covid-19 containment measures and restrictions on …

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Divorce – online submissions

June 2020 | Family

Detailed guidance on how to submit an online divorce application has been updated by HMCTS. Divorce online guidance – submitting a case forms part of the Divorce Legal Professionals onboarding pack and is supported by Pilot Practice Direction PD41A allowing the electronic filing of a petition and for a statement of truth rather than a …

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Covid-19 – children in care

June 2020 | Family

A Commons briefing paper sets out a useful series of key FAQs in relation to the impact of Covid-19 on separated families and contact with children in care. It covers issues including: Can children move between the homes of separated parents? How should parents comply with a court order for contact? National guidance issued by …

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Remote hearings – judicial discretion

June 2020 | Family

Family judges have discretion whether a specific case is suitable for a hearing to proceed remotely, in line with the prevailing judicial guidance. The problem is, there is inconsistency in how individual judges are exercising that discretion. Two recent decisions in the course of public law proceedings were reached differently by the judges. In the …

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