September 2013 #129 – Law Journals

Leave To Remove: Best made plans

Kim Beatson and Lehna Hewitt look at recent decisions on leave to remove and the factors that will be taken into account by the courts ‘In Re B (Children) Thorpe LJ stressed that each case was fact-dependent and that the applicant’s explanation for the planned relocation would be at the core of every case.’ Holman …

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Inherited Assets: Defining assets

Sonny Patel sets out the courts’ approach to inherited assets and steps that can be taken to protect the interests of parties ‘The duration of the marriage, and the duration of the time the wealth had been enjoyed by the parties, will be relevant, so too their standard of living and the extent to which …

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Enforcement: Civil commitment

Julian Bremner examines whether the decision in Thursfield v Thursfield makes it more likely or not that committal orders in family proceedings will be made ‘There is a perception in the profession that the courts are deeply reluctant to imprison a defaulting party for what can be seen as the “white collar crime” of ignoring …

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Freezing Orders: A judicial warning

Sarah Woodsford and Mary Gaskins summarise guidance and practice points on freezing orders in UL v BK (Freezing Orders: Safeguards: Standard Examples) ‘There has to be proof of an intention to dissipate, which means a deliberate or reckless dealing in relation to assets, rather than some random event unconnected to the motives of the respondent.’ …

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Parental Responsibility: Closing the door

Rebecca Harling analyses a rare application to terminate a father’s parental responsibility ‘The main issue for Baker J to consider was if the circumstances of the case justified the termination of the father’s parental responsibility and if termination would be in breach of his article 8 and 14 rights under the European Convention on Human …

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Surrogacy: Back to reality

Beverley Jones discusses the legal and financial issues surrounding surrogacy and clarifies the rights of all parties involved ‘The woman who gives birth to a child is the only person with parental responsibility for the child and therefore has the right to keep it, even if they’re not genetically related.’Following the Department of Health’s recent …

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Financial Provision: Time is money

Rebecca Huxford considers the arguments for and against the introduction of a limitation period in financial proceedings ‘There are cases where the applicant may have very good reasons for not bringing the claim earlier, even if the delay is one of many years.’ Unlike most areas of law, limitation periods are unfamiliar territory to family …

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