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07 July 2017

Family holidays… it’s a time to look forward to sun, sea and sand. Probably the last thing on your mind when planning a holiday is whether your ex partner agrees to you taking the children abroad. But, if they don’t, you could get more than you bargained for at the airport when attempting to get through passport control.

When taking children on holiday abroad, all parties who have Parental Responsibility for the child need to consent to the child being taken out of the country. This is the case unless you have a Residence Order (now called a Child Arrangements Order) that the child lives with you. In those circumstances, you can take the child abroad for up to 4 weeks without the consent of the other parent.

05 May 2017

There is still considerable discord between contemporary British reality and the law in England and Wales regarding the rights of cohabitees.

Recently, there were some encouraging signs that MPs may have been about to give renewed consideration to the possibility of reform, with the Family Justice Bill on the agenda for consideration in parliament. It appeared to be enjoying cross-party support, but due to the calling of the snap general election, the Bill ran out of time.

28 April 2017

Finalising your divorce can be a difficult, but also an exciting time, However, before you start planning the rest of your life, there are a few matters to take care of before you can well and truly move on from your previous marriage.

26 April 2017

In a recent case - T (A Child) [2017] EWFC 19 – Mr Justice Holman highlighted the previously unrecognised value of Facebook as a tool for tracing birth parents. The case involved the adoption application of a young boy; his birth father was aware of the proceedings and present in court, but the child's birth mother had not been made aware of the proceedings as she's a foreign national and was believed to be living abroad somewhere.

However, the birth mother was traced just a few days prior to the hearing by way of a very simple search of profiles on Facebook. The birth father's partner was able to identify the profile as belonging to the birth mother and duly called her and informed her of the proceedings; the birth mother was of the belief that the child had actually already been adopted.

24 April 2017

The recent case of Briers v Briers [2017] EWCA Civ 15 concerned a woman who was successful in obtaining a share of the wealth her former husband had accrued after their divorce.

Although the couple had been divorced for many years and agreed an informal settlement at the time, no financial consent order or other formal and legally binding agreement or court order was obtained at the time. This then meant that Mrs Briers could apply to the Family Court for a financial order some 10 years after the divorce was finalised.

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