September 2017 #169 – Law Journals

Public Children: Family ties

Victoria Ellis and Cordelia Williams outline common problems that arise when representing grandparents in public law proceedings ‘If the child is already placed with the grandparents, consideration should be given to the impact on the child of a further disruptive move.’ Grandparents are often important figures in their grandchildren’s lives. This article discusses the position …

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Financial Provision: Short but sweet

Priya Palanivel and Shantel Burbridge examine the Court of Appeal’s decision in Sharp v Sharp, and the potential impact on the approach to short marriages ‘The facts of Sharp meant it was “one of the very small number of cases” where the circumstances justified a departure from the principle of equal sharing.’ The duration of …

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Non-Matrimonial Property: Moving forward?

In the first of a two-part analysis, Deborah Jeff questions whether the Privy Council decision in Scatliffe v Scatliffe has further developed the law on non-matrimonial assets ‘It isn’t clear whether the intention of the Privy Council was to introduce the principles of both needs and compensation when considering whether non-matrimonial property should be shared.’ …

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Private Children: Extreme measures

Catherine Maguire asks whether there are changing judicial attitudes towards parental alienation ‘HHJ Gordon-Saker’s firm approach in Re B reflects the increasing understanding that parental behaviour causing child alienation is itself a form of child abuse, which can cause permanent and irreversible harm not only to the parent-child relationship, but to the child generally.’ The …

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Domestic Abuse: Safety first

Claire Molyneux and Louise Spalding recap developments to date regarding further protection for victims of domestic abuse within children proceedings ‘Children’s experiences of domestic abuse and its impact on them should always be fully considered by the family court judiciary with an acknowledgement that post-separation abuse is commonly experienced by non-abusive parents.’ When Theresa May …

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Embryology: Follow the rules

In the conclusion to a two-part analysis, Seamus Burns looks at the legal controls for egg sharing, together with issues as to consent and the requirements in relation to egg freezing ‘The agreement to egg share should include full details of the proposed arrangements for distributing the eggs between the provider and recipient(s).’ Part 1 …

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Business Assets: Alternative methods

John Oxley considers the valuation of assets, where the formation of such assets predated the marriage, and the different approaches taken by the courts ‘Businesses often grow in spurts and splutters, rather than straight lines. A linear approach fails to consider the active and passive aspects of any such growth.’ In high-value matrimonial cases, the …

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