December 2021/January 2022 #209 – Law Journals

Financial remedies: A misspent youth?

Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …

Continue reading "Financial remedies: A misspent youth?"

This post is only available to members.

Domestic abuse: Drawing a line

Vikkie Chetcuti examines the meaning of associated person in the Family Law Act 1996 and the extent to which the courts may adopt a purposive approach to interpreting statutory language The structure of FLA 1996 indicates that Parliament was prepared to include certain step-relationships in respect of relationships of lineal descent but decided not to …

Continue reading "Domestic abuse: Drawing a line"

This post is only available to members.

Declarations of parentage: From another perspective

Richard Adams highlights the tension between the legislative provision and public policy considerations where a declaration is sought in relation to an adopted child A declaration of parentage is intended to be an authoritative statement of the fact so declared, while the effect of an adoption order is as to the legal status of the …

Continue reading "Declarations of parentage: From another perspective"

This post is only available to members.

Financial provision: Under the radar?

Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …

Continue reading "Financial provision: Under the radar?"

This post is only available to members.

International focus: A careful balance

Kajal Aswani and Chantelle Woo consider the approach of the courts in Hong Kong to applications to relocate with a child, in particular during the Covid-19 pandemic As a result of the recent surge of migration by Hong Kong residents (of British and British National (Overseas) passport holders) to the UK, it is anticipated that …

Continue reading "International focus: A careful balance"

This post is only available to members.

Relationships: Life on the edge?

Emily Brand asks whether there should be legal reform to protect the rights of ‘throuples’ The idea of a throuple could be a sign of things to come as gender roles and expectations become more fluid and surrogacy becomes increasingly widespread. The idea of the ‘couple’ is deeply embedded in Judeo-Christian culture, starting with Adam …

Continue reading "Relationships: Life on the edge?"

This post is only available to members.

Step-parents: Rights, remedies and recognition

Emily Watson and Artemis Michael provide a guide to key legislation and case law that applies as to the options available to a step-parent in relation to a step-child Adoption is the most secure way to ensure a married or unmarried step-parent may remain in a child’s life, as the step-parent becomes a permanent and …

Continue reading "Step-parents: Rights, remedies and recognition"

This post is only available to members.