Separated couple granted parental rights in surrogacy case
December 18th 2023A couple who separated after having twins through surrogacy have been granted parental rights despite a delay in making their application. Joanne Grey Senior Associate Solicitor in our family law team reports on this recent case. When the couple were in a relationship, the woman was told she would be unable to conceive. The twins were born through surrogacy by the woman’s sister by artificial insemination using the man’s gametes. The couple separated…
Court declines to return child to mother in cross border dispute
November 27th 2023The Family Court has refused to return a five-year old girl to her mother in Germany, even though it accepted that she had been habitually resident there before her father took her to England. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a Polish couple who had met and started a relationship while living in England. Their daughter was born in England in 2018.…
New measures to tackle parents who refuse to pay child maintenance
November 15th 2023The Government is planning new measures to deal with parents who refuse to pay child maintenance. Amy Fallows Senior Associate Solicitor & Head of our Family Law team reports. Those who fail to meet their obligations will face accelerated sanctions following the introduction of powers to speed up enforcement action and other reforms to make the Child Maintenance Service (CMS) fairer. A consultation is now taking place on the use of liability orders…
Divorcing wife unable to force sale of matrimonial home
September 4th 2023A wife has been refused an interim order for the sale of the matrimonial home as part of her divorce proceedings. Shannon Bateson, Solicitor in our family law team reports on this recent case. The Family Court said it didn’t have the power to make such an order. The wife had applied under the Married Women’s Property Act 1882 for an interim order for the sale of, and vacant possession of, the home…
Tougher child maintenance sanctions for parents who fail to pay
August 11th 2023New regulations are being introduced to impose tougher child maintenance sanctions sanctions on parents who fail to pay child maintenance. Joanne Grey Associate Solicitor in our family law team provides an update. The government says the Child Support (Enforcement) Act will see families paid faster as it gives the Department for Work and Pensions (DWP) the power to use a liability order to reclaim unpaid child maintenance instead of applying to court and…
Cohabiting couples face long wait for legal protection, MPs warn
July 27th 2023A cross-party group of MPs has warned that cohabiting couples may have to wait for several years before legal reforms are implemented to better protect their rights. Joanne Grey Associate Solicitor in our family law team provides an update. The MPs have urged the government to reconsider its timetable and speed things up. Unlike married couples, cohabitants have very few legal protections if their relationship breaks down. This can cause great hardship and…
New child maintenance powers to protect domestic abuse victims
July 12th 2023Parliament has approved a Bill to ensure victims of domestic abuse can receive financial support for their children without contact with their abuser. Shannon Bateson, Solicitor in our family law team provides an update. The new law will allow the Child Maintenance Service (CMS) to intervene on behalf of parents where abuse is evident, using its powers to collect and make payments. This set-up, called Collect and Pay, is already used by…
Mediation before court action to be mandatory for separating couples
April 28th 2023Separating couples will be obliged to try mediation before being allowed to go to court to settle disputes over financial and child custody arrangements. Joanne Grey Associate Solicitor in our family law team provides an update. The government announcement is part of a major shake-up of the family justice system. The proposals will see mediation become mandatory in all suitable low-level family court cases excluding those that include allegations or a history of…
Mother’s health must stabilise before she returns abducted son
April 13th 2023The Court of Appeal has overturned a decision that a mother must return her abducted son to Australia. It ruled that her mental health must be given time to stabilise before any order is made. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a 31-year-old British woman and her six-year-old son. The father was Australian. They began a relationship in 2015 and lived together…
Divorce settlement to be reviewed due to husband’s non-disclosure
March 13th 2023A divorce settlement is to be re-examined by the Family Court because of the husband’s fraudulent non-disclosure of his assets. Julian Nelson, Director in our Family Law Team reports on this recent case. The couple had settled by consent during their divorce in 2010. However, it was subsequently found that the husband had misrepresented his assets, in particular the value of his company. The 2010 order was set aside and, following a…
