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Family Court Revisits Periodical Payments Order Made in 2012

The Family Court recently ruled on a divorced couple's cross-applications for enforcement and variation of a periodical payments order originally made in 2012. The husband had been ordered to pay the wife £2,000 per month on a joint lives basis,...

Court Grants Application to Recognise Indian Divorce

The Family Court has granted a husband's application for a divorce he obtained in India to be recognised by the English courts . The husband and wife were both Indian nationals who now had British citizenship. They had married in India in 2010 and had...

Declaration of Non-Parentage Voided Parental Responsibility

In a case in which a man was named as a girl's father on her birth certificate but was subsequently discovered not to be her biological father, the High Court has ruled that the effect of a declaration of non-parentage was to render his acquisition of...

Wife Awarded £13.9 Million After Husband Failed to Engage

The courts are entitled to draw reasonable adverse inferences against a party who fails to engage in divorce proceedings. How this is approached in practice was illustrated by a recent Family Court ruling on a financial remedies application in which the...

Adoption Order Refused Where Requirement Not Met

Under Section 42(7) of the Adoption and Children Act 2002 , an adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the adoptive parents in the home environment have been given to the adoption...

Divorce Applications Made One Day Early Voidable, Not Void

The High Court recently ruled on an application by the Lord Chancellor for declarations that the marriages of 79 couples no longer subsisted on the date of their final divorce orders, despite those divorce orders having been applied for a day too early. ...

Use of Late Wife's Embryo in Surrogacy Treatment Lawful

The High Court has granted a man's application for a declaration that it was lawful for him to use an embryo created using his sperm and his late wife's eggs in treatment with a surrogate, despite his wife not having given written consent. The embryo had...

Court Declines to Order Girl's Return to USA

The Family Division of the High Court recently refused an application for a 13-year-old girl's summary return to the USA , in a decision in which the girl's own objections to returning were a key consideration. The girl's American mother and British father...

Court Declines to Strike Out Set Aside Application

When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...

High Court Makes Parental Order in Respect of Baby Boy

When a child is born via a surrogacy arrangement, the legal parents are the surrogate mother and, if they have consented to the arrangement, her spouse or civil partner. The intended parents must apply for a parental order or adoption in order to become the...
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