A judge in Chattanooga, Tennessee has used the recent Supreme Court of the United States (SCOTUS) judgment in the case of Obergefell v Hodges – more commonly known as the gay marriage ruling – as a reason to refuse a heterosexual couple a divorce. Hamilton County Chancellor Jeffrey Atherton has taken a stand against the judgment... Read More
Overbearing in-laws are well-documented, but a recent case in New York takes the proverbial cake. Grandparents Hershel and Ophira Gottlieb of Edison, New Jersey, found themselves on the wrong side of Manhattan Supreme Court Justice Ellen Gesmer after apparently dragging out their son’s divorce proceedings in order to influence custody... Read More
The paternal grandparents of a three year-old boy have been granted the right to raise him, despite a social worker claim that they might be too old to cope with his future behavioural problems. During the family court hearing in Bournemouth, social services pressed for the child to be adopted after his parents – a father who has... Read More
First went the lower income families, now it seems that the middle classes are following suit. According to new data analysis by the Marriage Foundation, the rate of middle-class couples marrying has declined sharply. The Marriage Foundation’s report, which draws on data from the Family Resources Survey and the General Household... Read More
The latest news in the Ashley Madison hack scandal is that there are a lot of members in London. Well, quite a lot. It’s all relative. Naturally it’s only taken a short time for data whizzes Dadaviz to map out where the accounts originated from, and London ranks ninth in the list. It’s a fairly respectable place to be,... Read More
In Payne v Payne, a child relocation case of 2001, the Court of Appeal held that to refuse the reasonable relocation proposals of a primary carer would likely have a detrimental effect upon the welfare of the child, which is, of course, held to be paramount. Payne v Payne has served as guidance for these cases ever since. As long as... Read More
The most recent statistics available suggest that 40.6 percent of all births in the UK are to unmarried parents. While the law is well known for children of married couples, it is often unclear what financial remedies are available to unmarried parents, should their relationship breakdown. Here I aim to present a simple and straightforward... Read More
President of the Family Division Sir James Munby has ruled that parents suspected of attempting to travel overseas to join Isis may keep their children… with the proviso that they wear electronic tags.
Early in 2015 two families were held at airports in the UK and Turkey on suspicion of being headed to Isis strongholds. The children were removed... Read More
The numbers are in for the Courts and Tribunals Judiciary 2015 diversity statistics. Things are looking very slightly better for women, while for black or minority ethnic (BME) judges, there was little change.
The diversity survey looks at four key areas: gender, ethnicity, professional background and payment type.
The overall number of female... Read More
Here we explore making a pensions application under Part III of the Matrimonial and Family Proceedings Act (MFPA) 1984.
Establishing jurisdiction
The court will only make an order if it has the jurisdiction to do so. Under Part III of the MFPA 1984, the application must meet one of the following requirements:
Domicile
Habitual... Read More