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Family Law Archive - Page 58

Found 595 matches. Showing page 58 of 60.

Can children determine their 'habitual residence'?

Do children get a say as to where they should live? Yes, sometimes, says the Supreme Court today in the case of LC (Children) UKSC 1. The Supreme Court this morning decided the untested issue of whether a child can effectively determine his or her own habitual residence. In a unanimous ruling they decided that a child’s state of mind,... READ MORE

The shadow director and the no-compete injunction

In R v R EWHC 4244 (Fam), the President of the Family Division, Sir James Munby, approved the continuation of an injunction intended to prevent a husband from directly or indirectly engaging in any business that competes with the family company, also run by his wife, of which he is a shadow director. The injunction was originally granted in... READ MORE

Sir Paul Coleridge's views on marriage

Sir Paul Coleridge, a judge of the high court Family Division, is also the founder and chairman of The Marriage Foundation, a think-tank that promotes the institution of marriage by offering support and information and by engaging in public debate. Nor is Mr Justice Coleridge himself a stranger to public debate, having incurred the glare of the... READ MORE

US law proposes to sanction countries over child abduction

In December, the United States Congress passed draft legislation that would give the US government power to impose sanctions on countries that fail to honour international obligations on child abduction and relocation. The Sean and David Goldman International Child Abduction Prevention and Return Act of 2013 takes its name from a high... READ MORE

Child Maintenance Service open to all new applicants

The Child Maintenance Service, which was launched in December 2012 for new applicants seeking child maintenance from non-resident parents, has been rolled out to all new applicants. Under the Child Maintenance Service, which will eventually replace the Child Support Agency, the amount of maintenance payable by the non-resident parent will be... READ MORE

Same-sex couples can marry from 29 March 2014

The Marriage (Same-Sex Couples) Bill received Royal Assent on 11 December 2013. The Bill will enable same-sex couples to marry in civil ceremonies. It will also permit those religious organisations who wish to conduct marriage ceremonies for same-sex couples to opt in, meaning no religious organisation will be forced to do so. In order... READ MORE

Guts before Garters: how following your instincts can prevent an unhappy marriage

A recent study has suggested that, rather than writing off their pre-wedding nerves, couples contemplating marriage may be well advised to listen to their gut feelings, to predict whether they are on course for wedded bliss or an ill-fated union. Dr James K. McNulty, Associate Professor of Psychology at Florida State University in... READ MORE

Clare’s Law pilot scheme set to become a national scheme

Clare’s Law is a scheme that allows people to ask the police whether their partner has a history of domestic violence. Since September 2012 the scheme has been trialled by four police forces: Gwent, Wiltshire, Greater Manchester and Nottinghamshire. It has now been announced that the scheme will roll out across all of England and Wales in March... READ MORE

The Hague Convention used in Russia for the first time

The 1996 Hague Convention has been used in Russia for the first time, illustrating the significance of its use both at home and abroad in child abduction cases. Rachael Neustadt, a 36-year-old former teacher from America based in London, has been embroiled in a fierce legal battle with her ex-husband, 37-year-old Ilya Neustadt who is a Russian... READ MORE

Farewell to the CSA: Child Maintenance Service (CMS) phased in

Over the last two decades family lawyers have looked on despairingly as the Child Support Agency (CSA) has changed its various names and formulas. Having shadowed the CSA since December last year – when it took on responsibility for cases involving four children or more for a trial period – the new Child Maintenance Service (CMS)... READ MORE
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