November 2019 #191 – Law Journals

FDR appointments: No room for manoeuvre

Joshua Green and Kelly Gerrard examine the prohibition on an FDR judge dealing with later stages of financial proceedings and whether there should be a more flexible approach ‘There may be occasions when the parties wish a judge to rule on a minor point they cannot agree on, and it is more proportionate and cost-effective …

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Costs: On dangerous ground

David Wilkinson considers when an order for costs may be justified in private law children cases and the issue of assessment on a standard or indemnity basis ‘Case law underlines that in children proceedings there should generally be no order for costs, unless a party takes an unreasonable stance or behaves reprehensibly.’ Family lawyers often …

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Step-parents: All in the family

Beth Mason sets out the position in law of step-parents and the remedies available to preserve their relationship with a step-child ‘In situations where a step-parent has day-to-day care of a child, but does not have the ability to authorise medical treatment, for example, the implications could be serious.’ Family lawyers are, of course, very …

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Financial provision: Putting the pieces together

Shazia Khan reviews a big-money case involving a complex trust structure and a party who lacked litigation capacity ‘The desirability of a clean break order was balanced against the prospect of the wife adjusting without undue hardship, but also to avoid her chasing the husband endlessly through the legal system.’ In AF v SF [2019], …

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Special guardianship: Individual approach

Sarah Hewitt looks at the distinctions between special guardianship and child arrangements orders and the courts’ approach as to which type of order is appropriate ‘There is nothing in the statutory provisions which limits the making of a special guardianship order or an adoption order to any given set of circumstances.’ In W-P (Children) [2019], …

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International surrogacy: Approach with caution

Karen Holden discusses issues that may arise in international surrogacy and how preparation is key when advising on such arrangements ‘In international surrogacy, where it may not be easy or even possible to contact the surrogate at a later date, the need to secure the parental rights of the intended parents at an early stage …

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Jurisdiction: Global reach

Abigail Bennett analyses the court’s approach to a case involving assets in multiple jurisdictions and a defendant with no apparent place of domicile ‘The court was not persuaded that the relationship between the parties was of a nature that generated rights comparable to marriage for the purposes of the Judgments Regulation.’ The decision in Gray …

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