February 2022 #210 – Law Journals

Private children: Broadening the scope

Zoë Fleetwood reviews revised guidance from the Court of Appeal as to when an order restricting further applications may be made, reflecting changes in societal norms The forensic landscape has changed out of all recognition, such as the advent of smart phones, social media and the almost universal use of email as a means of …

Continue reading "Private children: Broadening the scope"

This post is only available to members.

Schedule 1: Viewed in the round

Heather Souter reflects on the usefulness of the millionaire’s defence in Sch 1 proceedings in the context of the statutory criteria While Re Z confirms that the millionaire’s defence may be raised and relied upon in Sch 1 proceedings, it is important to note that such a defence does not give blanket protection when it …

Continue reading "Schedule 1: Viewed in the round"

This post is only available to members.

Jurisdiction: Only with good reason

Harry White discusses circumstances in which the court’s residual parens patriae jurisdiction may be utilised where a child is a British national but not habitually resident in England and Wales In order for the court to exercise the residual jurisdiction there must exist circumstances which are sufficiently compelling to require or make it necessary that …

Continue reading "Jurisdiction: Only with good reason"

This post is only available to members.

In practice: Common communication

Andrew Baines looks at the use of metaphors in discussions in family cases and how narrative is used to navigate reality We cannot divorce the creation of our meaning from our physical, social and cultural experiences and any message we send is then filtered through the recipient’s physical, social and cultural experiences. It only takes …

Continue reading "In practice: Common communication"

This post is only available to members.

Nuptial agreements: Place of preference

Emily Finn considers the approach of the courts to choice of law clauses in nuptial agreements If nuptial agreements are usually binding in the parties’ chosen jurisdiction, that should act as a strong indication to the court in England and Wales that parties intend to be bound by the terms, including a choice of law …

Continue reading "Nuptial agreements: Place of preference"

This post is only available to members.

Enforcement: Continuing relevance

Molly Betts examines the ongoing significance of the EU Maintenance Regulation in relation to non-EU member states It was argued on behalf of the father that, had the proceedings which were actually issued in Monaco been issued in another member state, then those proceedings would have had priority under the EU Maintenance Regulation and the …

Continue reading "Enforcement: Continuing relevance"

This post is only available to members.

International focus: Out in the cold?

Victoria Batstone and Sean Hilton highlight potential issues if the UK is unable to rejoin the Lugano Convention 2007 It is increasingly difficult for family lawyers to provide clear and certain advice to multinational clients who are considering issuing proceedings. The European Commission’s (on behalf of the European Union) block in relation to the UK’s …

Continue reading "International focus: Out in the cold?"

This post is only available to members.