H issued divorce proceedings in Monaco in February 2022; W issued her petition in London in September 2022. The question was where proceedings should take place, with issues around domicile, residence and jurisdiction. H had launched a fault-based divorce procedure in Monaco under Article 197 of its Civil Code (several experts gave evidence that this …
Continue reading “Procedure – stay of proceedings; residence”
Practitioners should note that for public law proceedings, the Guidance on Preparation of Electronic Bundles has been suspended with immediate effect. It will continue for private law and financial remedy proceedings. The President of the Family Division said the guidance is to be referred to the FPR Committee for possible revision in due course, but …
Continue reading “Public law procedure – electronic bundles”
Where a ‘connected’ person wants PR for a child and M agrees, they must complete a parental responsibility agreement and take it to the family court for witnessing. Practitioners should note that HMCTS has updated Forms C(PRA1) and C(PRA2) for the witnessing by the court of these agreements, with additional information about the original certificates …
Continue reading “Procedure – parental responsibility agreements”
A legally valid decision can only spring from a fair hearing; if a hearing is unfair a judgment cannot stand. In this case, an order had been granted for indirect contact between P and his paternal grandparents (the appellants) once a month in the form of photographs, cards, presents and letters. F was serving a …
Continue reading “Evidence – fair hearing”
If a court grants permission under s13 MFPA 1984, having heard only the applicant and without notice, the other party has an absolute unfettered right to apply to have the order set aside. The applicant still has the burden of showing ‘substantial ground’ for making the application. The parties married in Russia in 1983 where …
Continue reading “Financial remedies – procedural fairness”