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- 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
- To be broadcast live on Tuesday 16th June 2020, 1pm-2pm. News, 25/02/2020, members only
- Mr Justice Cohen recently gave judgment in MB v EB (No. 2) [2019] EWHC 3676 (Fam), and sounded a cautionary note to parties in needs-based cases in financial remedy proceedings who run up unreasonably large legal costs under the (mistaken) belief that the financially stronger party will be ordered to pay them. Referring to the recent amendments to FPR 2010 Practice Direction 28A, Cohen J was firm in his judgment that it was not for the wife, in this case, to ‘bankroll this litigation’ which he found to have been unreasonably conducted by the husband. This case serves as a warning to parties who have a needs-based claim that this does not give them a so-called ‘license to litigate’, and underlines the importance of making sensible proposals in negotiations. News, 25/02/2020, free
- Webinar to be broadcast live on Wednesday 1st April 2020. News, 03/02/2020, free
- The case concerned an application by the husband to set aside: a) an order for deemed service of a divorce petition; b) all orders which stemmed from that petition (certificate of entitlement, decree nisi, decree absolute). The question for the court was: did the alleged procedural errors in service render the orders void or voidable? The court concluded that: a) under the Family Procedure Rules (“FPR”) the alleged errors in service would not necessarily render these orders void; b) when considering the prejudice to both parties, this was not a case where the orders were void; d) if the orders were voidable the court would not exercise its discretion and set aside the orders. The husband’s application was dismissed. News, 13/12/2019, free
- The Court of Appeal recently gave judgment in Read v Panzone & Anor [2019] EWCA Civ 1662, an appeal concerning s37 of the Matrimonial Causes Act 1973. The Court gave significant warnings to first instance judges about the dangers of making findings of fact on alternate bases: although judges may be tempted to take this ‘belt and braces’ approach, it may simply muddy the waters and confuse the issues for the parties. News, 06/12/2019, free
- This is the first of two articles concerning challenging a nil assessment by the Child Maintenance Service. This article covers two potential routes for applying for variation: income not yet taken into account, and diversion of income. Next week, we will consider two further reasons: unearned income and notional income from assets. News, 03/10/2019, free
- To be broadcast 1pm, Tuesday 1st October 2019. News, 02/09/2019, members only
- The Pension Advisory Group (PAG) has published its essential guide to the treatment of pensions on divorce. News, 03/07/2019, free
- the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (“Child Support Convention”) enters into force for Kazakhstan, following the deposit of its instrument of accession on 6 June 2017. News, 14/06/2019, free