The online information & webinar resource for private family lawyers.
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Coronavirus & its impact on Family Law (Part 2: Children)
Coronavirus & its impact on Family Law so far (Part 1: Finance)
Video | Security & Lump Sums in Financial Remedies - Zak Virgin, Mills & Reeve
'Tax issues with overseas assets or income in divorce' - Sofia Thomas
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MWH v GSH [2019] EWHC 3866 (Fam)
The husband had moved to Jersey and commenced divorce proceedings there. The wife believed that his reason for doing so was that the family law of Jersey did not provide for making pension sharing orders. A consent order was made providing for a clean break, with the proceeds of selling the matrimonial home to be divided between them on a 55%/45% basis. She then made an application under Part III of the Matrimonial Family Proceedings Act 1984 in England and Wales. Though Jersey was not an overseas country within the meaning of section 12(1)(a) of that Act, the claimant argued that the statute should be construed so as to provide a remedy. The view of Cohen J was that he was being asked to ride roughshod over the statute. Parliament had made the statutory law to be found in the Act and it was for Parliament and Parliament alone to change it if thought appropriate. The wife's application was struck out. Costs would follow the event. Judgment, 07/04/2020, free -
Negahbani v Sarwar [2020] EWHC 712 (Fam)
Ms Negahbani was in the process of trying to obtain financial support from Mr Sarwar, who denied that they had been married and that he was father of her child. Lieven DBE J had made a Legal Services Payment Order to cover the costs of Ms Negahbani's legal team at the hearing of two of his appeals. He did not pay the sum required, despite having ready access to extensive funds. The appeals were thus automatically dismissed. An eventual application for relief from sanctions was refused. Fair trial rights are subject to the appropriate conduct of litigation, and a litigant who deliberately breached court orders stood at risk of his applications being struck out. Judgment, 07/04/2020, free -
Mayze v Ms X [2020] EWHC 746 (Fam)
An appeal brought by the court itself, alleging contempt. The matter arose out of proceedings relating to the respondent's son. The mother had refused him contact with the child, and then raised allegations of coercive control and domestic violence. At the hearing the father made comments that were considered threatening. Moor J found that there was contempt in the face of the court. It was clear that he was threatening to pursue access to the child outside the court process and irrespective of court orders. However, the sentence was suspended for one year and reduced to two months in prison. Judgment, 07/04/2020, free -
Coronavirus & its impact on Family Law (Part 2: Children)
Recording of webinar first broadcast on Thursday 2nd April 2020. Webcast, 03/04/2020, free -
Update from the President - Private Family Law Working Group report
The purpose of this latest report is to look at the key themes that were highlighted during the consultation & describe how the Group’s thoughts have developed as a result during the past 6 months. News, 03/04/2020, free -
Local Authority’s duty to carry out inspection of Children’s homes under s80 of the Children Act 1989: Covid-19 Guidance
In the midst of the Coronavirus outbreak (‘Covid-19’), there has been little guidance as to what social workers should do when they are refused entry into the home of a child in care (or ‘looked after child’), due to the parent’s arguments that they are self-isolating or claiming that they have contracted the virus. There is a real risk that families may be using Covid-19 as an excuse to avoid contact with the Local Authority and therefore, places any children involved at risk of further abuse. News, 03/04/2020, free -
Local Authority’s duty to promote contact between a child in their care and relevant parties under section 34 of the Children Act 1989: Covid-19 Guidance
In the midst of the Coronavirus outbreak (‘Covid-19’), there has been little guidance as to whether Local Authorities have the ability to suspend contact between a child in their care and parties who have a right to contact with that child, either by parental responsibility or by a Court order. News, 03/04/2020, free -
Covid-19 & the Family Court
Summary of guidance relevant to financial remedies practitioners given by MacDonald J in The Remote Access Family Court (with an Appendix summarising guidance specific to the Central Family Court given by HHJ O’Dwyer on 30 March 2020) News, 03/04/2020, free
