Article Category: Family Law – Insight & Opinion

Children to be seen and heard

Simon Hughes, the Justice Minister has recently indicated that any child over the age of ten, in respect of whose family Judges are making decisions, will have the opportunity to speak to the Judge to make their views and feelings known. Many people will think that this is a change to the law and separated… Read more »

Abduction of your children: How do you get them back?

Over the years there have been numerous cases regarding the abduction of children. Most of the cases have involved a parent taking a child or children back to the country from where the parent originates. Historically, the courts have followed the letter of the law and have considered the evidence to work out where the… Read more »

Can parental responsibility ever be terminated?

For several years now, if a father’s name is on a child’s birth certificate he is automatically granted parental responsibility. If for some reason, a father’s name is not included on the child’s birth certificate then an application can be made for the birth certificate to be amended, or alternatively, the parents can agree that… Read more »

Clare’s Law, will it help domestic violence?

We have recently seen the introduction of Clare’s Law, a scheme which enables people to find out, from the police, whether or not their partner has any history of domestic violence. The full title of the scheme is “The Domestic Violence Disclosure Scheme” and it has been launched together with Domestic Violence Protection Orders (DVPOs),… Read more »

When is a pre-nuptial agreement not a pre-nuptial agreement?

Despite the recent report of the Law Commission entitled ‘Matrimonial Property Needs and Agreements’ in which it was recommended that certain qualifying pre-nuptial agreements were to become legally binding, Mr Justice Holman has set aside a pre-nuptial agreement signed by Victoria Luckwell and Francesco Limata. The judge set aside the agreement even though he found… Read more »

Introducing the new child maintenance charges

The Child Support Agency (CSA) will soon be abolished and nearly a million existing cases will be closed. Parents will then have no alternative but to make an application to the Child Maintenance Service (CMS) and there will be a £20 application fee to access the CMS with a charge of 4% made for collection charges…. Read more »

Proportionality – the name of the game in divorce

Sometimes it can be the small things in life which are important, but when it comes to arguing who should have what in a divorce, it is vital that couples do not become embroiled in arguments over minor issues. Contents can often be a bone of contention however, in court, it is very apparent that… Read more »

Grandparents – being a parent second time around

It is now more common than ever for grandparents to care for their grandchildren, due mainly to the escalating costs of child care. Caring for the grandchildren for a few hours each week is hard but rewarding work,but a number of grandparents are making the huge sacrifice of giving up their retirement to care for… Read more »