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Family Law Archive - January 2018

Found 13 matches. Showing page 1 of 2.

Children of parent with learning disability to be taken into permanent care

Placing children into foster care or with adoptive families can spark fierce and heart-rending debate, especially when a parent suffers from a disability. Under the Equality Act 2010, any court must be careful not to discriminate against a parent on the grounds of disability, though the best interests of the child will always take precedence. It... Read More

Fawcett Society criticises failure of UK legal system to support women and girls

Earlier this month, the renowned Fawcett Society released the long-anticipated Sex Discrimination Law Review. Arriving in the centenary year of the first legislation for women’s suffrage, the report assesses where women’s rights stand in post-Brexit Britain and what barriers to justice still exist. The topics covered include research into... Read More

What's in a name? Married names after divorce

A familial, ethnic, or gendered marker, legally inscribed but variable. Feminist movements and globalisation have driven a major shake up of naming traditions, but diversity has done nothing to dampen the politics of naming. Once the preserve of newly-married women, the number of people legally changing their names has soared in the last decade... Read More

Alabama Senate passes bill to eliminate marriage licenses

The Alabama Senate voted on January 16th 19-1 to pass a bill that would eliminate the requirement for marriage licenses and ceremonies in the state. The measure has since also been approved by the Alabama House Judiciary Committee and is now set for a vote in the House. The bill’s sponsor, Sen. Greg Albritton, R-Range, has attempted to pass the... Read More

Daughter fails in legal bid to prevent elderly father from marrying

The daughter of a wealthy insurance broker has failed in her legal bid to prevent her elderly father from remarrying. In a judgment released yesterday, the father, a dementia sufferer in his eighties, was deemed to have sufficient mental capacity to marry his long-term partner. Mental capacity is defined by the Mental Capacity Act 2005 which... Read More

Child who went missing with her mother during care proceedings is found safe

Four-year-old Elliana Shand became the subject of much concern after she went missing with her mother, Jessie Richards, whilst proceedings surrounding her future care were ongoing in the UK. Thankfully, Elliana was found safe in Spain with her mother earlier this month. In November 2017 Mr Justice Hayden, a family court judge, voiced his concern... Read More

Singaporean man to appeal decision preventing him from adopting surrogate child

A Singaporean man, whose name has not been released because the case involves a minor, is set to appeal the Singaporean court’s decision which left him unable to adopt his biological son who was born via a surrogate in the United States in 2013. The Singaporean doctor, having previously been told that the Ministry of Social and Family... Read More

Ukrainian businessman’s ex-wife awarded £2 million after post-nuptial deed upheld

In 2009, businessman Mr Oleksander Yedin signed a deed with his partner promising to make certain financial provision for her upon their separation. Mrs Iryna Yedina sought to enforce that agreement in November 2017, claiming that her ex-partner had repudiated the agreement and that she is entitled to damages as a result. Following the breakdown... Read More

HC v FW: £40 million case demanded complex needs assessment due to wife’s brain tumour

When determining the division of assets during financial proceedings, the courts assess the present and future needs of both parties as part of their considerations under section 25 of Matrimonial Causes Act 1973. HC v FW , a case brought before the High Court in November 2017, looked more closely at the assessment of needs where one party has... Read More

AB v CD [2017]: jurisdictional issues surrounding global maintenance orders

Global maintenance orders are a useful tool to enable the courts to order periodical payments to cover both spousal and child maintenance until a full assessment is made by the Child Maintenance Service. However, few cases have actually considered how such orders should work in practice and there are concerns that they contravene the Child Support... Read More
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