A new scheme has been launched to encourage the use of arbitration in family disputes involving the welfare of children. The Family Law Arbitration Children Scheme was set up four years ago to help families resolve financial issues. Now the Institute of Family Law Arbitrators, which runs the scheme, wants to extend it to cover disputes concerning the exercise of parental responsibility. The kind of issues covered include where children …Read More
Court orders that abducted girl should be returned to her mother
A court has ordered that a nine-year-old girl who was abducted by her father should be returned to her mother. The case involved an English father and a Polish mother who had separated after a long relationship. Following a dispute over their daughter’s residence, the English court declared that the child had become habitually resident in Poland and that she should remain there in her mother’s custody. An order was …Read More
Court warns against secretly recording children in family cases
A judge has outlined why it would nearly always be wrong to secretly record children’s conversations as a way of gathering evidence in family proceedings. The issue arose in a case involving a dispute between a father and mother over the residence of their daughter. The father and his new partner wanted to know what the child was saying at meetings with her social worker, a family support worker and …Read More
Wife told to accept husband’s offer in divorce settlement
A wife has been told to accept a divorce settlement that provided her with £2m in cash plus the exclusive right to live in a valuable London flat for the rest of her life. The case involved a couple who both came from wealthy families. The husband had a well-paid job but the wife did not work. They had three children, who were at school in London. Most of the …Read More
Minister says 2,000 divorce settlements may be voided
The government has confirmed that more than 2,000 divorce cases may have been voided due to an error on the self-assessment form on the Ministry of Justice (MoJ) website. The error involves Form E, which records the financial details of divorcing couples. The software running the form didn’t take all liabilities into account and so may have produced misleading results in some circumstances. Justice Minister Shailesh Vara told parliament that …Read More
Court refuses to return abducted child to his mother
A court has refused to return an abducted child to his mother even though he was taken illegally by his father. The court accepted that it was against the boy’s interests to be sent back to his mother and that he had made it clear that he did not want to live with her because of her lifestyle problems. The case involved a couple who had married in England and …Read More
The Changing Face of Divorce – ’till retirement do us part?
You may be surprised to find out that whilst the divorce rate in England & Wales is declining, the number of divorces for the over 60s is on the rise. A further unexpected statistic* is that in the population as a whole, 34% of divorces are granted to men, whereas in the over 60s this rises to 50%.
In Divorce does “ Fraud unravel all ”?
14 October 2015. The Supreme Court considered the 2 connected cases of Sharland v Sharland and Gohil v Gohil and the impact of fraud upon divorce proceedings.
Cohabitant fails to benefit from properties she shared with partner
The need for cohabiting partners to draw up agreements stating how their property and assets should be shared in the event of a break-up was highlighted in a recent case before the Court of Appeal. It involved a couple who had been in a relationship for many years and had lived together since 2002.
Warring parents urged to put needs of their children first
The Court of Appeal has urged “warring” parents to put the needs of their children first when taking legal action over contact arrangements. It says many parents focus too much on their rights at the expense of their duties and responsibilities towards their children.