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Family Law Archive - 2017 - Page 5

Found 117 matches. Showing page 5 of 12.

Adoption proceedings in the moving case of A Local Authority v The Mother & Anor

Earlier this month, HHJ Wildblood QC presided over A Local Authority v The Mother & Anor, a “desperately sad” public law case involving care and placement orders for a five-month-old girl. His moving judgment expresses his frustration at the all-too-common situation whereby struggling parents are not given the support or therapy they need... Read More

Modernising e-working in the family jurisdiction

Since the 2015 Autumn Statement, HM Courts & Tribunals Service (HMCTS) has been working to improve digital working in the family courts in order to ensure they are “fit for the modern age”. Two years down the line, HMCTS has published an update on its plans for modernising e-working in the family jurisdiction. In the update, HMCTS sets out... Read More

Marriage Allowance: a tax perk going unclaimed

Following David Cameron’s drive to promote and encourage marriage during his tenure as Prime Minister, a tax break was introduced by the Conservative government in 2015 with the aim of helping couples where one partner is a basic rate taxpayer and the other is a non-taxpayer. Marriage Allowance works by enabling the lower earner to transfer... Read More

Surrogacy and wardship in M v F & SM

On 23 August 2017, Mr Justice Keehan delivered a judgment on the parental order application of a single mother in relation to her biological child born via surrogacy. It was decided that the applicant should be granted a qualified form of control over her child, who would be treated as a ward of court, until a remedial order could be considered... Read More

Emma Gill analyses the purpose and pitfalls of the Child Maintenance Service in Family Law journal

Following the May 2017 release of the Commons Work and Pensions Committee's report on the Child Maintenance Service (CMS), Head of Manchester Office Emma Gill penned a thorough analysis of the government agency established to assess, pay and enforce child maintenance. In 'Trapped in the million pound pad: self-determination,... Read More

FE v YE [2017]: asylum claims halt applications under the 1980 Hague Convention, Mostyn J rules

Sitting in the Family Division of the High Court, Mr Justice Mostyn considered an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction by an Israeli father for the return of his two children. The man's estranged wife, who is also Israeli, had failed to return to Israel with the couple's seven-year-old... Read More

The estate tax dispute that helped usher in equal marriage rights: A look at the legacy of Edith Windsor

A US woman, whose fight to reclaim over $363,000 in estate taxes struck down the Defense of Marriage Act in the Supreme Court and paved the way for equal marriage rights, has passed away at the age of 88. Life and marriage Ms Edith 'Edie' Windsor, was a technology manager with a decades-long history of LGBT rights activism. From... Read More

New York woman who lost custody of her children over a religious upbringing clause wins legal battle

A former Hasidic mother from Brooklyn has regained custody of her three children two years after a judge ruled that she had violated a religious upbringing clause in her divorce agreement. Chava Weisberger and Naftali Weisberger divorced in 2009, years after Ms Weisberger told her husband that she was sexually attracted to women and "could not... Read More

International Family Law Arbitration Scheme launched to cut costs and length of forum disputes

Early this week, the 16th Australian Family Law Conference, meeting in Fiji, launched the International Family Law Arbitration Scheme (IFLAS). The scheme is the brainchild of Professor Patrick Parkinson and David Hodson and is designed as a cost-effective means to resolve forum disputes between two parties quickly and independently of the... Read More

Can your parents' marital status affect your legal rights?

Last week, a 21-year-old Lancashire man received a letter from the Home Office informing him that that he had "no lawful basis to be in the UK" and must take steps to leave, on the grounds that he is not a British citizen, despite having lived there his entire life. Shane Ridge claimed that until August he had assumed that he was a British... Read More
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