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Family Law Archive - 2014 - Page 2

Found 39 matches. Showing page 2 of 4.

Mythbusting the care home fees cap
The care home fees cap of £72,000 is set to be introduced in 2016. What is this amazing generosity by the government? Does this mean that we no longer have to worry about selling our homes to pay for care fees? Is this simply a political sop to middle class voters as the Conservatives look to bolster their election chances next year? The truth is... Read More

Defaulting on child maintenance could affect your credit rating
Following on from news of the ‘Family Test’ being unveiled, the Department for Work and Pensions has another trick up its sleeve. Subject to parliamentary approval, the Child Maintenance Service (CMS) and the Child Support Agency (CSA) plan to share information from the payment records of defaulting parents with credit reference... Read More

A & B (Children): The perils of ‘known-donor’ deals
Once again, the increasing complexity of modern relationships has been exemplified within the arena of family law. Three reports, which have been released as redacted versions of earlier judgments by Mr Justice Cobb in order to protect the parties’ identities, reveal details of a case that has been ongoing for six years: A & B... Read More

New laws and policies to be subject to the
The Department for Work and Pensions (DWP) has been appropriately hard at work. It has now unveiled its ‘Family Test’, a checklist of considerations that must be referred to when formulating any new laws or policies. Prime Minister David Cameron promised back in August that these measures would be introduced, and they have now... Read More

The Children and Families Act 2014: a pro-contact approach
In determining whether spending no time with a non-resident parent is better than meaningless or even detrimental time spent with them, a judge is asked to intervene in life-changing circumstances where the subject of their decisions may be too young to express their own views. Their role therefore carries great power, but also great... Read More

Understanding pensions in a family law context
In contemplation of any family law proceedings, it is important to consider any retirement benefits to which you or your partner may be entitled. Pensions, whether 'defined benefit' (final salary), 'defined contribution', or 'state', can form an integral part of any settlement reached by the parties as to the division of financial assets in family... Read More

Pensions: defined benefit schemes v defined contribution schemes
In contemplation of any family law proceedings, it is important to consider how payments are made, or will in future be made, under any pension scheme that either party may hold. The way that a party’s retirement benefit interest is held by a pension fund, and upon maturity is paid down to the qualifying individual, is applicable to the orders... Read More

Domestic violence to include emotional harm
Anyone who has worked on cases that have involved domestic violence will be welcoming news that the government is planning to consult about introducing a new criminal offence. This new criminal offence will look at covering the emotional harm as well as the physical harm that is caused by patterns of behaviour and incidents of domestic... Read More

Thailand to outlaw commercial surrogacy
Only weeks after the “baby Gammy” scandal, where an Australian couple were publicly accused of refusing to take one of the twin babies born to the surrogate mother they had engaged, because he had Down’s syndrome, Thailand is taking action on commercial surrogacy. In the much-publicised case, the couple claimed that they... Read More

Transparency in the family courts
Sir James Munby, President of the Family Division, recently published his thirteenth View from the President’s Chambers: ‘The process of reform: an update’. This consultation paper sets out, inter alia, the latest developments regarding the issues surrounding the need for greater transparency in the Family Courts, a key element of the family... Read More
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