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Family Law Archive - July 2016

Found 13 matches. Showing page 1 of 2.

Court correct in granting surviving partner from unmarried couple first refusal to purchase their shared home

In November 2015, Recorder Christopher Gardner QC ordered Mrs Lynn Lewis, daughter and sole beneficiary of Audrey Blackwell’s estate, to sell the house in which Mrs Blackwell lived to Mrs Blackwell’s long term cohabiting partner, Mr Warner. Mrs Lewis was particularly disgruntled and appealed. Background Mrs Blackwell died in May 2014 and... Read More

Property developer loses house to the long-term partner he refused to marry

A judge has ruled that 53 year-old property developer Stephen Farrer will not receive any of the net profits from the sale of a £1 million house he shared with his former partner. Mr Farrer met Kirsty Cahill, 20 years his junior, when she was still at school and they share three children. However, the court heard that, after being “stung” by... Read More

Gay heirs have equal inheritance rights over ancestral seat after landed family rewrite trust rules

The Pembertons, a landed family who have resided at Trumpington Hall in Cambridgeshire for three centuries have rewritten the rules of their trust to ensure that same-sex partners of future heirs will have equal rights to those of heterosexual partners. In 1965, the late Sir Francis Wingate William Pemberton established a family trust which... Read More

Marriage in decline? A few statistics from the ONS…

The Office of National Statistics has revealed that in England and Wales there were 23.8 million married people in 2015. In comparison, there were 28.4 million people ‘living as a couple’ -4.6 million more cohabiting couples than married couples. It is becoming increasing clear that cohabitation is the favoured form of partnership. Marriage... Read More

Religious divorce: Do you know your rights as well as your rites?

Complex international jurisdiction disputes are a perennial source of complexity in modern family law, particularly in cases involving high net worth individuals operating in an increasingly global economy. But the sometimes uneasy intersection of secular and religious law requires careful handling. Recent months have seen a plethora of... Read More

Foster parents lose appeal for custody of child removed under Indian Child Welfare Act

A six year-old girl will remain with her extended family in Utah, rather than return to her former foster home, a Californian appeals court has ruled, reaffirming a decision made by the lower courts back in March. The child, named Lexi, was removed from her mother’s care aged 18 months and in 2011 was placed with foster parents Rusty... Read More

British woman fighting for legal right to give birth to her own grandchild

A 60 year-old woman is now a step closer to winning the legal right to give birth to her own grandchild. The woman, referred to by the court as Mrs M, is petitioning to be allowed to use the frozen eggs of her dead daughter in order to have a baby. Mrs M claims it was the dying wish of her daughter, who passed away in 2011 from bowel cancer,... Read More

Application of the Hague Convention in child abduction case

Ms Justice Russell, sitting in the Royal Courts of Justice, has refused a father’s application for the summary return of his two children to New Jersey, after they were brought to England by their mother in January. The two children, now aged five and four, have German and American dual nationality, and were brought to England in... Read More

Abusive father's application for summary return to New Jersey is refused

Ms Justice Russell, sitting in the Royal Courts of Justice, refused a father’s application for the summary return of his two children to New Jersey after they were brought to England by their mother in January. The two children, now aged 5 and 4, have German and American dual nationality, and were brought to England in January 2016 for... Read More

Detroit judge found guilty of misconduct during child custody hearing

Last week, Oakland County judge Lisa Gorcyca was found guilty of misconduct by a special master appointed by the state Judicial Tenure Commission. Ms Gorcyca made international headlines in 2015, after she sent three children to a juvenile detention facility during a custody battle, because they refused to spend time with their father. Ms... Read More
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