Category Archive: Judgments (Family) Cases

Jan 14

WALES/ENGLAND – Holman J judgment starkly illustrates troubling effect of legal aid cuts

Lack of representation impacts on court time     Mr Justice Holman has described graphically the practical implications for the family courts of the continuing legal aid cuts. In his judgment in Tufail v Riaz [2013] EWHC 1829 (Fam) he quoted from the recent public lecture to the Institute for Government by Lord Neuberger of …

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Permanent link to this article: http://operationfatherhood.org/legal-aid/walesengland-holman-j-judgment-starkly-illustrates-troubling-effect-of-legal-aid-cuts/

Jan 11

EU – MEPs call for equal property rights for registered partners and married couples

Rules will not apply to United Kingdom     International couples in registered partnerships should have the same right as married ones to choose which member state’s national law will govern their property rights if the relationship ends, the European Parliament has resolved. The Parliament has recommended that draft legislation be amended to this end. …

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Permanent link to this article: http://operationfatherhood.org/other/international/eu-meps-call-for-equal-property-rights-for-registered-partners-and-married-couples/

Dec 14

WALES/ENGLAND – ‘Unrepentant’ judge grants permission to appeal despite contrary view as to test

Mostyn J applies ‘illogical’ Court of Appeal test     Mr Justice Mostyn has granted permission to appeal in a case involving s 13 of the Matrimonial and Family Proceedings Act 1984 despite misgivings as to the likelihood of the appeal succeeding. In BAJ v RRA [2011] EWHC 4070 (Fam) the wife had sought leave to …

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Permanent link to this article: http://operationfatherhood.org/judgments/financial-remedies/walesengland-unrepentant-judge-grants-permission-to-appeal-despite-contrary-view-as-to-test/

Dec 14

WALES/ENGLAND – Supreme Court to decide on wardship of child who has never been in the jurisdiction

Judgment published   On Monday, 9th September the Supreme Court will give judgment in Re A (Children). The Court of Appeal judgment in the case was reported as ZA & Anor v NA [2012] EWCA Civ 1396. STOP PRESS: The Supreme Court judgment can be read here. An article, explaining and assessing the impact of …

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Permanent link to this article: http://operationfatherhood.org/family-law-private/child-abduction/walesengland-supreme-court-to-decide-on-wardship-of-child-who-has-never-been-in-the-jurisdiction/

Dec 10

WALES/ENGLAND – Full judgment published in multi-million financial provision case

King J delivers withering criticism of Husband’s litigation misconduct and orders award worth £54 million to wife   The long awaited judgment in M v M [2013] EWHC 2534 (Fam) has been published and the full text of this extraordinary judgment is now available on the Family Law Week site. Click here for the full …

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Permanent link to this article: http://operationfatherhood.org/judgments/walesengland-full-judgment-published-in-multi-million-financial-provision-case/

Dec 03

WALES/ENGLAND – Court endorses guidance for local authorities where one parent murders the other

Theis J stresses the need for urgency and judicial continuity   Mrs Justice Theis has endorsed the guidance given by Mrs Justice Hogg, in Re A and B [2010] EWHC 3824 (Fam), in cases where one parent murders the other. In N v B [2013] EWHC 820 Fam) at para 35 Theis J reiterates the …

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Permanent link to this article: http://operationfatherhood.org/family-law-private/revised-guidance/walesengland-court-endorses-guidance-for-local-authorities-where-one-parent-murders-the-other/

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