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Six-month time limit to apply for parental order extended by six years (Family Court)

Posted by admin | 08.17.2017 | Blog

In Re B (Foreign Surrogacy) [2016] EWFC 77, Theis J significantly extended the six-month time limit for commissioning parents to apply for a parental order following an overseas surrogacy arrangement. The commissioning parents had delayed applying for a parental order at the time of the child’s birth in India, due to prohibitive legal costs and…

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Family news round-up to 17 August 2017

Posted by admin | 08.17.2017 | Blog

News stories of interest to family lawyers for the week to 17 August 2017. Source: Practicallaw2

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Guidance on how a child habitually resident in another member state should be transferred there (Family Court)

Posted by admin | 08.15.2017 | Blog

In Kent County Council v C and others [2016] EWFC 73, Theis J outlined the process followed to transfer children subject to care proceedings, but habitually resident in Slovakia, from England to Slovakia. Source: Practicallaw2

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Variation application determined on submissions only using abbreviated procedure (High Court)

Posted by admin | 08.15.2017 | Blog

In Joy-Morancho v Joy (Dismissal of Variation Application) [2017] EWHC 2086 (Fam), Singer J determined an application to vary a spousal periodical payments order on submissions only using an abbreviated procedure. His negative findings about the husband at first instance were a magnetic factor in his case management approach. Source: Practicallaw2

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Form WP completed by parent and parent's partner is effective notice of consent to parenthood (High Court)

Posted by admin | 08.14.2017 | Blog

In Re AK (Human Fertilisation and Embryology Act 2008) [2017] EWHC 1154 (Fam), Munby P held that completion of Form WP by both the parent and the parent’s partner is effective written notice to consent to parenthood under the Human Fertilisation and Embryology Act 2008. Source: Practicallaw2

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Application for child's temporary removal to Iraq should not have been decided summarily (High Court)

Posted by admin | 08.10.2017 | Blog

In AM v DF [2017] EWHC 2034 (Fam), the father’s appeal against an order varying a prohibited steps order to allow the mother to temporarily remove their children to Iraq was allowed. The judge had decided the matter summarily without applying the established legal principles properly and giving the matter the required level of rigorous…

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Family news round-up to 10 August 2017

Posted by admin | 08.10.2017 | Blog

News stories of interest to family lawyers for the week to 10 August 2017. Source: Practicallaw2

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Hair strand drug tests: cocaine and cocaine metabolite should both be detected (Family Court)

Posted by admin | 08.10.2017 | Blog

In Re W (A Child: care proceedings) [2017] EWFC B48, HHJ Tolson QC considered hair strand test results that showed an absence of cocaine but low level amounts of cocaine metabolite when the mother claimed sustained abstinence. Source: Practicallaw2

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Exceptionally good reason required for late challenge to assessment and identification of carer (High Court)

Posted by admin | 08.09.2017 | Blog

In Re L and others (Children: care proceedings) [2017] EWHC 2081 (Fam), Keehan J did not permit further assessments of wider family late in proceedings. Source: Practicallaw2

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Mostyn J calls for restoration of "assets" ground of variation under gross income scheme (Family Court)

Posted by admin | 08.09.2017 | Blog

In Green v Adams [2017] EWFC 52, Mostyn J urged the government to reinstate the “assets” ground for varying a child support calculation under the gross income scheme. He indicated the court’s willingness to repair this omission by taking a more expansive view of what constitutes singular capital expenditure in applications for a lump sum…

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