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Schedule 1: Ripe for change?

Aisling O’Reilly, Lois Rogers and Sophie Groves argue that more flexibility is needed in Sch 1 cases to avoid a ‘cliff edge’ when provision under an order comes to an end It is important that any developments in the law regarding Sch 1 cases do not resemble matrimonial rights ‘through the back door’, but the …
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Child maintenance: Few and far between

Beth Kivelä considers when the court may capitalise child maintenance and the exceptional circumstances required for it to do so Although the inherent difficulties in making certain predictions about the future might provide the court with good reasons not to capitalise a periodical payments order, such difficulties have no bearing on the existence of the …
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In practice: Changing places

Caroline McNally and Chantelle Woo explain the experience of remote hearings in Hong Kong and the alternatives being explored by parties and their lawyers during the Covid-19 pandemic As a result of the greater lead time required for arranging remote hearings (including ensuring suitability of remote locations, the technical compatibility of equipment, pre-testing and arranging …
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Step-parent adoption: Balancing act

Jessica Keal looks at an adoption case involving a consideration of Thai law and human rights issues On an application for adoption, any restriction on a biological father’s human rights must be proportionate in light of the benefits to be gained by the child. In Re H (Step-Parent Adoption) [2020], the court was concerned with …
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Divorce: A limited power

Antonia Barker explores the set aside of a decree of divorce and the strict procedural requirements to be followed A decree absolute is a judgment which is definitive of a person’s status and they, and the rest of the world, must be able to rely upon it, as so many of an individual’s legal and …
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Schedule 1: All in the past?

Rebecca Stone analyses legal costs orders involving both historic and future costs The judgment in Re Z highlights the importance of solicitors applying for legal funding as early as possible, considering what credit, if any, they are prepared to extend to a client, and making it clear to clients from the outset they will cease …
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Maintenance pending suit: In the here and now

Alice Rogers examines applications for maintenance pending suit and useful practice points arising from a decision of the Court of Appeal As practitioners, we are duty bound to ensure that maintenance pending suit applications are only brought if proportionate and necessary, while advising parties of the litigation risk, particularly in light of the court’s wide …
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Specific issue orders: A matter of evidence

Alexandra Hirst considers the vaccination of children where the parents are not in agreement and the approach taken by the courts Vaccinations are not compulsory but scientific evidence now establishes that it is generally in the best interests of otherwise healthy children to be vaccinated and the current established medical view is that the routine …
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Private children: Facing the issues

Kate Newton highlights key recommendations in the report of the Family Solutions Group to encourage non-court dispute resolution in private children cases The Family Solutions Group report refers to a ‘series of scattergun initiatives’ and points to a fundamental flaw in the idea that children’s rights and welfare can be protected while they are not …
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Property: Changing intentions

Mark Pawlowski looks at how a beneficial joint tenancy can be severed after the parties purchase their family home in joint names Where the parties’ common intention manifests a clear desire to deviate from equality of shares, there is no reason, at least in principle, why severance should not operate so as to separate the …
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