Latest updates
- Father's appeal against the setting aside of the judge's previous order (ordering the mother to return the child to Spain) because there had been a sea-change in the mother's mental health since the order was made, was dismissed. There was also discussion on whether the High Court has jurisdiction to set aside a final order made under the 1980 Convention. Judgment, 16/08/2018, free
- In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Judgment, 06/08/2018, free
- The wife's divorce petition was issued in England in October 2015. An attempt to serve the petition on the husband was made in February 2016 in Germany where he was living at the time, but this failed because of insufficient address details being given by the wife. In the meantime, the husband had commenced divorce proceedings in Germany in January 2016. The husband was appealing against a ruling that the English court was first seised on the grounds that the wife had failed to take the required steps to serve the petition. The appeal was dismissed, the court saying that Rule 7.8 FPR simply requires the petitioner to serve the petition. No particular step is stipulated as having to take place "immediately" or by a certain date. Judgment, 16/07/2018, free
- Mother's appeal against an order that she return the children to the UK from Poland after the English court ruled that they, and not the Polish court, had jurisdiction. The appeal was allowed, the court saying that the Polish court became and had remained seised of jurisdiction in relation to the children. Judgment, 16/07/2018, free
- The judge had to decide whether, as the father and the children's guardian maintained, the courts of England and Wales have jurisdiction over the child in respect of matters of parental responsibility or whether, as his mother argued, jurisdiction now rests with the courts of Northern Ireland. The judge ruled in favour of the father. Judgment, 19/03/2018, free
Latest know-how
- In a tweet: Successful appeal against a refusal to set aside an order requiring her children to be returned to England Case note, 06/08/2018, members only
- In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Case note, 06/08/2018, members only
- In a tweet: Time limit for service of petition cannot be implied into FPR – but maybe the Rule Committee will change things Case note, 06/08/2018, members only
- Practice Note reproduced from the Dictionary of Financial Remedies 2018. See more here: https://classlegal.com/books/dictionary-of-financial-remedies Practice note, 01/05/2018, members only
- In a tweet: No jurisdiction to determine statutory child maintenance appeal after assessment cancelled Case note, 11/04/2018, members only
Latest training
- 10 questions on the various cases summarised in the July 2017 Family Law Hub Digest CPD course, 25/08/2017, members only
- Six questions, worth an hour of CPD, on the cases of HB v PB [2013] EWHC 1956 (Fam); DL v EL [2013] EWCA Civ 865 and K v D [2013] EWHC 796 (Fam) CPD course, 03/09/2013, members only
- CPD course, 01/05/2012, free
Latest sources
- Form (external), 01/04/2011, free
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