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Family Law Archive - 2014 - Page 3

Found 39 matches. Showing page 3 of 4.

Can a parent unilaterally change a child’s habitual residence?
The Court of Appeal was required to consider whether a parent can unilaterally change a child’s habitual residence in the recent case of Re H (Jurisdiction) EWCA Civ 1101. The case follows on from the recent trilogy of Supreme Court cases which the Court of Appeal has affirmed to ‘represent a new departure for habitual residence’. The... Read More

Child abduction: resolving issues through mediation
Mediation is a form of alternative dispute resolution. Parties often engage in mediation, either to prevent the need to go to court, or to resolve as many contentious issues as possible prior to going to court, in order to minimise the expense involved at a court hearing. Mediation can also ameliorate the relationship between parties, which... Read More

Child abduction: the benefits of mediation
I have previously written on the potential value of mediation in child abduction and relocation cases. Why is mediation sometimes considered difficult? Alternative dispute resolution procedures such as mediation are sometimes considered to be difficult in child abduction and relocation cases for the following reasons: Often both parents can be too... Read More

Child Abduction: Grounds for instruction of an expert and the burden of proof for a “grave risk” of harm
The recent case of Re F (A Child) EWCA Civ 275 involved an appeal, arising out of proceedings under the Child Abduction and Custody Act 1985, in which the father sought the return of a child from England and Wales to Italy. The mother alleged that during the relationship the father had been jealous, aggressive and moody, and that after the... Read More

Committal in the Family Court – Part 2: Recent cases
Given the high procedural hurdle that must be surmounted to achieve a committal order, are they ever used in practice? This piece looks at a few examples in the last few years. Zuk v Zuk EWCA Civ 1871 A circuit judge in the Sheffield County Court sentenced Mr Zuk to nine months in prison for failing to pay a lump sum. Mr Zuk appealed,... Read More

Committal in the Family Court – Part 1: Procedure
The jurisdiction of England and Wales is renowned for its provision for the weaker party in financial remedy proceedings ancillary to a divorce. However, what goes hand in hand with this, and what is equally important, is the emphasis judges here place on the importance of proper disclosure. As such, it is one of the fundamental principles of... Read More

Grandparents to be granted greater rights?
With the next general election in sight, David Cameron, speaking at an event in North London, has suggested that grandparents who take care of children are getting the "raw end of the deal", and could be included in an expansion of the parental right to paid leave and more financial help. Grandparent Plus, the national charity which champions the... Read More

Child abduction: consent and acquiescence
The recent case of Re F (Abduction: Consent) EWHC 484 involved the abduction, by the mother, of a child from Denmark to the UK via Slovakia and the Czech Republic. An application under the Hague child abduction convention was brought in London, on behalf of a Bosnian father living in Copenhagen, against a Slovakian mother living in... Read More

Vardags lawyers attend Hague Conference on child abduction
Vardags lawyers Catherine Thomas, Neil Graham, Olivia Buchan and Charlotte Sanders all travelled to the Netherlands between 7th and 10th May 2014 to attend the LEPCA (Lawyers in Europe on Parental Child Abduction) Hague Conference at the Peace Palace in The Hague. The conference was attended by the global leading practitioners in child abduction... Read More

Ayesha joins grandparents' rights discussion on ITV's This Morning
On 22 May 2014, Ayesha returned to the sofa opposite Phillip Schofield and Holly Willoughby at ITV’s This Morning. However, this time it was not for an edition of Legal Eagles in the usual format, but a special discussion about grandparents' rights in relation to their grandchildren. Phillip and Holly’s guests on the show were two... Read More
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