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Family Law Archive - November 2015

Found 10 matches. Showing page 1 of 1.

Technology and its pitfalls for a marriage – Part 1: Sharing Technology

‘Cloud’ computing is a general term for the use of a network of servers hosted on the internet to store, manage and process data. This differs to the standard home computer set-up where access to the internet can only be gained by logging on to the local server. In layman’s terms, the cloud enables you to access services... Read More

1996 Convention employed in the UK Supreme Court for the first time

The Supreme Court has unanimously allowed the appeal of a Moroccan father whose child was brought to the UK wrongfully by his mother. In the matter of J (a child) UKSC 70 concerns a young boy, named Saleem in the judgment, whose parents are both Moroccan but with Moroccan and British citizenship. The couple lived in England with Saleem... Read More

Court of Protection access for public and media

A pilot scheme due to start in 2016 will allow the media and the public access to Court of Protection hearings. The scheme is designed to assess whether the Court should hold private hearings, and if access should be given to the media. The Court of Protection is dedicated to making decisions in respect of the personal and financial affairs of... Read More

A short history of Gretna Green marriages

'Gretna Green indeed, is as superior in reality as it is in name. It looks as if it were the capital of the God of Love'. Robert Smith Surtees, ‘The Richest Commoner in England’, New Monthly Magazine, 1848. References to Gretna Green litter high and popular culture – it appears both in Austen’s Pride and Prejudice (where Lydia Bennett... Read More

India bans commercial surrogacy for foreigners

The Indian government has announced plans to ban commercial surrogacy for foreigners, instead making it an option only for Indian couples. If these plans are carried through, it will strike at the heart of a very profitable but controversial industry that draws in customers from all over the world. India has garnered a reputation as a leading... Read More

Art lecturer dismissed his ex-partner as a 'lodger'

After a two-year legal battle, art lecturer Rupert Ashmore has finally agreed to pay his ex-partner, Kim Woodward, the sum of £275,000. But this comes after Mr Ashmore was branded 'callous and selfish' by a district judge, having heard the man’s claim that his partner of 25 years was a mere 'lodger' in their home. The couple met when Ms... Read More

Fiction vs Family Law: Suffragette and the history of adoption

My last blog looked at Suffragette and what it had to tell us about parental rights, but it only briefly touched on the topic of adoption, which the film does address. To recap, Maud, the main character, having joined the suffragette movement and been kicked out of her home, makes one final attempt to see her young son Georgie, only to find that... Read More

Court of protection: who bought all the pies?

In a somewhat unusual case before the Court of Protection, a divorced woman has lost control of her mother’s finances after she spent up to £250 a month on pastries. Senior Judge Denzil Lush heard that the daughter, in her 50s, would frequently show up at her mother’s nursing home armed with carbohydrate-heavy party food such as sausage... Read More

Re XZ [2015] and the Lasting Power of Attorney

Completion of a Lasting Power of Attorney (LPA) and its implementation (or registration) is considered relatively straightforward. However, this is rather deceptive, as the document and the powers it permits (or lack thereof) require much planning and forecasting of the donor’s future plans and wishes. With the introduction of new statutory... Read More

Common intention constructive trust: ‘unclean hands’ no bar to cohabitee claims

Statute grants English judges considerable discretion when it comes to the transfer of property on the breakdown of a marriage. Cohabitees, however, are reliant on the complexities of English trust law. Since the decisions of the House of Lords in Stack v Dowden and of the Supreme Court in Jones v Kernott , the way in which cohabitees obtain an... Read More
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