Family Law Archive - 2015 - Page 3

Found 70 matches. Showing page 3 of 7.

Can a wife be ordered to leave the family home?

16th October 2015

In the recent case of BR v VT EWHC 2727 (Fam), Mostyn J considered an application, made by a husband in ancillary relief proceedings, to terminate the wife’s right to occupation of the matrimonial home under s.33 of the Family Law Act 1996 (FLA); removal of her home rights under paragraph 4 of schedule 4 to the Family Law Act 1996; and an order... Read More

Guidance on radicalisation issued by President of the Family Division

13th October 2015

Two months ago, Sir James Munby handed down judgment in a case involving children whose parents were held to be at risk of travelling to join ISIS. Now, the President of the Family Division has issued guidance on radicalisation cases appearing in the family court. Given the complexities of the cases involving radicalisation, Sir James has decided... Read More

Court of Appeal rejects plea for pension equality

12th October 2015

Changes in social attitudes, and the legislation which embodies those changes, cannot fully undo the effects of the past – Lord Justice Underhill My recent blog ‘I will survive’ highlighted the inequality between heterosexual and homosexual couples so far as contracted-in pension schemes are concerned. At the time of writing, I was hopeful... Read More

Gap Years: Can they be treated as gifts?

9th October 2015

Section 11 of Inheritance Tax Act 1984 (IHTA 1984) states that a disposition, or gift, will not be a transfer of value if it is made by a parent in favour of their child for their maintenance, education or training, for a period ending no later than the year in which they attain the age of eighteen or, after reaching 18, cease to undergo full-time... Read More

Apna Haq refuge under threat

8th October 2015

News broke in recent weeks that Apna Haq, a domestic violence refuge specialising in helping women from Asian and other minority ethnic backgrounds, was set to close following a funding cut by a local council. Rotherham council has informed them that their £145,000 contract would not be renewed. However, there are small signs that all may not be... Read More

What can we expect from the Family Synod?

5th October 2015

'The Church is called to carry out her mission in fidelity, truth and love'. Sunday 4 October 2015 marked the start of the three-week Catholic Synod on family. Anticipated to be a defining moment for Pope Francis, the synod will bring Church leaders together to discuss current issues and the Church teachings on family. The synod is expected to... Read More

Mostyn J comments on press restrictions in the family courts

1st October 2015

'To say that the law about the ability of the press to report ancillary relief proceedings which they are allowed to observe is a mess would be a serious understatement'. – Mr Justice Mostyn After news broke that Liam Gallagher and Nicole Appleton had returned to court for the purpose of financial remedy proceedings, a dispute arose between Mr... Read More

Anomalies found in nearly half of fertility clinics’ records

29th September 2015

In a pivotal case in the High Court, President of the Family Division Sir James Munby has brought to light widespread administrative 'anomalies' in licensed fertility clinics. The case, In the matter of the Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H), was brought after audits by the Human Fertilisation and... Read More

I will survive…same-sex couples and survivors benefits

25th September 2015

How should we view the current inequality between survivors' benefits in same-sex civil partnerships, and in heterosexual marriages? Is the former a justified exception to equality on the basis of cost, or 'an unconscionable injustice, which is almost impossible to square with the Government’s stated commitment to fairness and... Read More

Top family judges at loggerheads over open courts

17th September 2015

Two family judges, Mr Justice Holman and Mr Justice Mostyn, have reportedly locked horns over the issue of openness in the family courts. Mr Justice Holman is all for opening up the family courts to public scrutiny while Mr Justice Mostyn asserts that family law constitutes “quintessentially private business”. Mostyn has been at the mercy of... Read More

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