Family Related Disputes in UK Law

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Leading Cases
  • Sharland v Sharland
    • Supreme Court
    • 14 Oct 2015

    On the face of it, as the learned editors of The Family Court Practice 2015 point out (p 1299), this is a very wide power which could cut across some other provisions, for example those prohibiting variation of lump sum and property adjustment orders. However, it does give the family court power to entertain an application to set aside a final order in financial remedy proceedings on the well-established principles with which we are concerned in this case.

  • W v W ; S (an Infant) v S ; W v Official Solicitor (acting as Guardian ad Litem for a Male Infant named PHW)
    • Court of Appeal (Civil Division)
    • 03 Feb 1970

    In my opinion, when a Court is asked todecide whether a child is legitimate or not, it should have before it the best evidence which is available. It should decide on all the evidence, and not on half of it. There is at hand in these days expert scientific evidence - by means of a blood test – which can in most cases resolve the issue conclusively. In the absence of strong reason to the contrary, a blood test should be made available.

  • H v L and R
    • Family Division
    • 07 Dec 2006

    In this case the child the subject of the proceedings (R) had a Guardian appointed pursuant to the provisions of Rule 9.5 of the Family Proceedings Rules 1991 as amended. However, that Guardian, for entirely understandable forensic reasons, regarded it as wholly inappropriate that the burden of cross-examining R's half-sister B, with whom she lives, should fall to the child's advocate. For reasons particular to the facts of that case which I need not describe further, I agreed.

  • A & B (Court of Protection: Delay and Costs)
    • Court of Protection
    • 25 Nov 2014

    The main responsibility for this situation and its solution must lie with the court, which has the power to control its proceedings. The purpose of this judgment is to express the view that the case management provisions in the Court of Protection Rules have proved inadequate on their own to secure the necessary changes in practice. While cases about children and cases about incapacitated adults have differences, their similarities are also obvious.

  • R (R, E, J and K, minors by their litigation friend the Official Solicitor) v The Child and Family Court Advisory and Support Service
    • Queen's Bench Division (Administrative Court)
    • 12 Jul 2011

    All we need say is that the children's guardian is on any view pivotal to the whole scheme. As any judge who has ever sat in care cases will be all too aware, the court is at every stage of the process critically dependent upon the guardian.

  • MN (Adult)
    • Court of Appeal (Civil Division)
    • 07 May 2015

    First, the still inveterate use of orders in the form of declaratory relief might be thought to be in significant part both anachronistic and inappropriate. Even before the Mental Capacity Act 2005 was brought into force, that view of the inherent jurisdiction had been shown to be unduly narrow: see St Helens Borough Council v PE [2006] EWHC 3460 (Fam), [2007] 1 FLR 1115.

  • Cumbria County Council v M (1st Respondent) F (2nd Respondent) The Children (by their Children's Guardian) (3rd Respondents)
    • Family Division
    • 30 Mar 2015

    I have nevertheless concluded that it would not be right for the fact-finding judgment to be published now. The court retains control over the question of publication and must give due weight to the public interest, the interests of justice and the interests of the individual parties, not least those of the children concerned.

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Legislation
  • Matrimonial and Family Proceedings Act 1984
    • UK Non-devolved
    • January 01, 1984
    ...... and Wales to make provision for financial relief or to exercise related powers in matrimonial and certain other family proceedings; to make ... 1882 (which provides for the summary determination of property disputes between spouses and, as extended, former spouses and former engaged ......
  • Children Act 2004
    • UK Non-devolved
    • January 01, 2004
    ...... advisory and support services relating to family proceedings; to make provision about private ...of any disputes as to whether and, if so, how much compensation ...purposes related to education or childcare) is amended as ......
  • Care Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... . . (g) domestic, family and personal relationships;. . . (h) ... with health provision and health-related provision where it considers that this would-. . ... (b) to make arrangements for determining disputes between the authority and a clinical ......
  • Constitutional Reform Act 2005
    • UK Non-devolved
    • January 01, 2005
    ...... S-9 . Head and Deputy Head of Family Justice 9 Head and Deputy Head of Family Justice ...to an office to which the complaint related. S-103 . Report procedure 103 Report ...disputes relating to vesting and compensation orders) is ......
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Books & Journal Articles
  • Witchcraft Accusations as Gendered Persecution in Refugee Law
    • Nbr. 28-2, April 2019
    • Social & Legal Studies
    Witchcraft-related violence (WRV), in particular directed towards women and children, has become a source of increasing concern for human rights organizations in the current century. Yet for those ...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... UTS, Australia Abstract Witchcraft-related violence (WRV), in particular directed towards ... grudges, or family or community disputes, such that they were not cognizable harms within ......
  • Book Review: Child Homicide
    • Nbr. 31-1, April 1998
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... 35% of these deaths arose from family disputes where the motivation was . Book Reviews 99 usually related to the termination of the parents' ......
  • Juvenile Protection and Delinquency Prevention Policies in China
    • Nbr. 37-1_suppl, December 2004
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    This paper describes the laws designed especially for the purposes of protecting juveniles and preventing delinquency in China. The Juvenile Protection Law 1991 and Preventing Juvenile Delinquency ...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... of criminal procedures and related rules of enforcement were not clearly ... for handling a wide variety of disputes and minor offences as well as granting ......
  • The International Classification of Crime for Statistical Purposes: A new instrument to improve comparative criminological research
    • Nbr. 12-5, September 2015
    • European Journal of Criminology
    This article presents the International Classification of Crime for Statistical Purposes (ICCS) developed by the United Nations Office on Drugs and Crime. The aim of the ICCS is to provide a common...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... the offender, whether the crime was cyber-related or whether the crime occurred in another country ... or family member, or property-related disputes), or to socio-political homicide (such as ......
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Law Firm Commentaries
  • Family Businesses And Divorce
    • Mondaq UK
    ......litigating family disputes. After 13 Face to Face Hearings, the financial disputes between. Mr and ...credit card debts of '122,000 that related to family. expenditure and he owed '46,000 to his sister and brother in. ......
  • What Does Leaving The EU Mean For Family Law?
    • Mondaq UK
    ...... Regulations particularly affect jurisdiction in family law disputes and the enforcement of decisions. It is therefore in respect of these ..., uncertainty will involve jurisdiction in relation to child related disputes, recognition and enforcement of child related orders across ......
  • Disputes Over Trust Property Surge As Impact Of Stock Market Crash Continues
    • Mondaq United Kingdom
    ...... assets for the benefit of third parties (beneficiaries - frequently family members). The collapse in the value of many investments held in trusts, ... Articles related to the above press release can be found at the following links:. The ......
  • Opening The Doors Of The Family Courts - A Major Change From 27 April 2009
    • Mondaq United Kingdom
    ......to what extent the press will be able to publish information. related to the detail of the case. What the changes mean. These changes expose ...cornerstone of the effective resolution of financial disputes. (whether in the context of an out of court settlement or a final. ......
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