Archives: Family

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Conduct – costs

December 2020/January 2021 | Family

Conduct during financial proceedings can have a significant impact on costs. However, conduct should be taken into account not only where it is inequitable to disregard but only where its impact is financially measurable. It is unprincipled for the court to stick a finger in the air and arbitrarily to fine a party for what …

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Financial remedies – delayed appeal

December 2020/January 2021 | Family

H’s 15-month delay in appealing a financial remedies order was serious and without any good explanation. He unsuccessfully appealed an order requiring him to pay W a lump sum of more than £3m, monthly periodical payments, school fees and further sums, on the basis he couldn’t afford to meet the terms. More specifically, he argued …

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Financial proceedings – contempt

December 2020/January 2021 | Family

There are divorcing or separating parties who part on amicable terms and resolve financial issues in a conciliatory fashion; then there are cases where one or both parties can be extremely difficult and obstructive. But even in those cases the ‘innocent’ party may be loath to see the other party committed to prison in serious …

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Procedure – drafting error

December 2020/January 2021 | Family

Just dealing required the court to correct an accidental error in a previous order which, if uncorrected, deprived W of ongoing periodical payments and failed to give effect to the court’s intention. So stated Knowles J in a ruling that serves as a reminder to check draft orders carefully and ensure they are accurate before …

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Procedure – Brexit

December 2020/January 2021 | Family

The last day of this month sees the end of the Brexit transition period and the beginning of a new era for UK lawyers. Time is fast running out if you have not yet considered how you may need to protect your family clients’ interests. This useful article prompts readers to consider the key circumstances …

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Financial remedies – costs

December 2020/January 2021 | Family

Since the changes to the FPR 2010 were introduced, there have never been so many cases with clear costs warnings, as the author sets out in this important article. Andrew Newbury, an expert in family law and financial remedies, considers significant developments – notably the new obligation under r9.27A to make open proposals within 21 …

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Adoption – notice

December 2020/January 2021 | Family

In the first reported case on the issue, the CA considered notice given by prospective adopters (As) in relation to two sisters. The background to the case is traumatic; suffice to say the As’ appeal turned on the application of s35(1) ACA 2002, particularly the issue of giving notice of the wish to return a …

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Procedure – MCA

December 2020/January 2021 | Family

Practitioners should note the new Covid-19 updates to the government guidance about the MCA and DoLS (Coronavirus (Covid-19): looking after people who lack mental capacity). Though aimed at health and social care staff treating or caring for someone lacking capacity, it relates to (among other things) in-person visits by professionals, for example for DoLS assessments. …

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Procedure – child arrangements

December 2020/January 2021 | Family

HMCTS has issued a coronavirus update relating to making C100 (child arrangements order, prohibited steps and specific issue order) applications. The online C100 form can be used both by applicants and lawyers and payment can also be made online. If there is urgency or serious safety concerns, the local court must be contacted. However, it …

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Procedure – domestic abuse

December 2020/January 2021 | Family

Practitioners advising and representing victims of domestic abuse will welcome guidance from the Domestic Abuse Working Group of the Family Justice Council on the need to protect such victims in remote and hybrid hearings. It has been issued to ensure the delivery of safe evidence and full participation of vulnerable parties. It is relevant to …

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