April 2011 #105 – Law Journals

International Focus: Uniform rules

Rebecca Dziobon highlights the importance of EU provisions where there is a choice of forum ‘During their marriage, couples will be able to agree which law would apply to their divorce or legal separation with the aim of providing legal certainty, predictability and flexibility.’ It is estimated that 16 million of the 122 million marriages …

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Domestic Abuse: Extra protection

Barbara Wright and Rosalind Bennett discuss the potential pitfalls of domestic violence protection orders ‘The breach of a non-molestation order is a criminal offence and has to be proved to the criminal standard. If successful, it leaves the victim with the outcome that they have been the means by which the other has been given …

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Procedure: New rules

David Hodson sets out a summary of the Family Procedure Rules 2010 ‘The new ADR provisions are, in certain respects, very similar to the power to adjourn into mediation in the FLA 1996, but do not include provision for the mediator to report back to the court.’ The Family Procedure Rules 2010 (No 2955) (FPR …

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Irish Law: Same-sex couples

Alison Green and Colm Fahy take a comparative look at civil partnerships in England and Wales and the Republic of Ireland ‘The ICPA 2010 creates a regime of civil partnership that is quite distinct from marriage and certainly more restrictive that the CPA 2004, yet it also takes on a more radical position when compared …

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Privacy: Behind closed doors

James Brown revisits issues of privacy in family proceedings ‘Family proceedings are not, and should not, be seen to be as a separate category from other civil proceedings save for in recognised classes of cases or other situations that manifestly require permanent confidentiality.’ Two recent cases (A mbrosiadou v Coward [2010] and Lykiardopulo v Lykiardopulo …

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Media Access: Family secrets

Andrew Meehan considers the courts’ approach to privacy in ancillary relief proceedings ‘There is no public policy objection to parties opting for an arbitrator, taking cases out of the court system by way of alternative dispute resolution, collaborative practice or non-binding arbitration in order to preserve privacy.’ The Court of Appeal recently considered, in Lykiardopulo …

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Children: Sharing parenting

Helen Cort examines how the concepts of parental responsibility and shared residence orders are being applied to increasingly diverse family units ‘It is not incumbent upon a judge to make findings on every issue presented for determination during a hearing, but rather simply those factual issues that have implications for the decisions to be taken.’ …

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