de Facto Family in UK Law

Leading Cases
  • Joram Developments Ltd v Sharratt
    • Court of Appeal (Civil Division)
    • 07 Mar 1978

    Nor, in my view, can an adult man and woman who establish a platonic relationship establish a familial nexus by acting as a devoted brother and sister or father and daughter would act, even if they address each other as such and even if they refer to each other as such and regard their association as tantamount to such. Nor, in my view, would they indeed be recognised as familial links by the ordinary man".

  • Fitzpatrick v Sterling Housing Association Ltd
    • House of Lords
    • 28 Oct 1999

    The hall marks of the relationship were essentially that there should be a degree of mutual inter-dependence, of the sharing of lives, of caring and love, of commitment and support. In respect of legal relationships these are presumed, though evidently are not always present as the family law and criminal courts know only too well. In de facto relationships these are capable, if proved, of creating membership of the tenant's family.

  • MK (Somalia) v Entry Clearance Officer
    • Court of Appeal (Civil Division)
    • 19 Dic 2008

    Do these documents establish or evidence an obligation of customary international law that is positively protective of de facto adopted children? Whilst there is a perceptible concern that the concept of family, in the context of family reunion, should not be resistant to social and cultural change, I do not consider that there is a precise, identifiable obligation of customary international law that is prescriptive of the national approach to de facto adoption.

  • Re CD (Notice of Care Proceedings to Father Without Parental Responsibility)
    • Family Court
    • 24 May 2017

    The right to receive a copy of Form C6A is not limited to those who are able to establish that they are entitled to the protection of Article 8. The right to receive a copy of Form C6A exists for the benefit of every father whom a local authority 'believes to be a parent without parental responsibility for the child' irrespective of whether or not that parent has de facto family ties.

  • Fitzpatrick v Sterling Housing Association Ltd
    • Court of Appeal (Civil Division)
    • 23 Jul 1997

    The test has to be whether the relationship of the appellant to the deceased was one where there is at least a broadly recognisable de facto familial nexus. I would not define that familial nexus in terms of its structures or components: I would rather focus on familial functions. The question is more what a family does rather than what a family is. A family unit is a social organisation which functions through its linking its members closely together.

  • Singh v Entry Clearance Officer, New Delhi
    • Court of Appeal (Civil Division)
    • 30 Jul 2004

    It is also clear that "family life" is not confined to relationships based on marriage or blood, nor indeed is family life confined to formal relationships recognised in law. Family life can exist between foster-parent and foster-child: Gaskin v United Kingdom (1989) 12 EHRR 36.

    The Strasbourg case law recognises that in some instances family life arises ipso jure. That is so in the case of a lawful and genuine marriage, both in respect of the relationship between husband and wife and also (see the passage in Berrehab v The Netherlands at para [21] that I quoted in paragraph [58] above) the relationship between the parents and their children. The same principle applies in relation to the children of de facto unions.

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  • Civil Partnership (Scotland) Act 2020
    • Scotland
    • 1 de Enero de 2020
    ...... . . Colombia . unión de hecho (de facto union) . . . Cyprus . civil cohabitation . . . Ecuador . unión ...SCH-2.2 . . (1) The Family Law (Scotland) Act 1985 is modified as follows. . (2) In section ......
  • Small Debt (Scotland) Act 1837
    • UK Non-devolved
    • 1 de Enero de 1837
    ......, in the Hands of the Clerk of Court, the Sequestration shall ipso facto . be recalled, in case of Payment, on the Clerk writing. and signing on ... has been duly cited failing to appear personally or by one of his Family, or by such Person as the Sheriff shall allow, such Person not being an ......
  • Indemnity Act 1735
    • UK Non-devolved
    • 1 de Enero de 1735
    ......such Impediment removed, should ipso facto. be deprived of all his said Ecclesiastical Benefices and Promotions;. ...any Youth in any House or private Family as a Tutor or Schoolmaster, who upon the first Day of May. which should be ......
  • Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993
    • UK Non-devolved
    • 1 de Enero de 1993
    ...... . .   . rule 33.7 . (warrants and forms for intimation in family actions), . . .   . rule 34.5 to 34.9 . (removing), . . .   . ... 37.6.   Appointment of judicial factors . CHAPTER 38 . EUROPEAN COURT . 38.1.   Interpretation of this ......
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Books & Journal Articles
  • Ownership and Control in Closely‐held Family‐owned Firms: An Exploration of Strategic and Operational Control
    • Núm. 18-1, Marzo 2007
    • British Journal of Management
    Much of the existing research into the divorce of ownership and control either focuses on the propensity for the separation of decision functions or upon scrutinizing conceptions, gauges or the pra...
    ......Although far from equivocal, such research appears broadly to concur that where ownership is dispersed, de facto control is likely to be exerted by management and that where ownership is closely-held, de facto as well as legal control is exerted by owners. ......
  • Making and Breaking Family Life: Adoption, the State, and Human Rights
    • Núm. 35-1, Marzo 2008
    • Journal of Law and Society
    This article explores the extent to which the state's duties and responsibilities in the context of adoption are framed and reinforced by a rights‐based discourse. It argues that the human rights p...
    ...... must simply be able to demonstrate the `real existence in practice of close personal ties' of `sufficient constancy' to give rise to de facto family life with the child. 22 32 15 Although it has been held that there is no presumption in favour of the lesser alternative: Re S (a ......
  • Serendipity in legal information seeking behavior. Chance encounters of family-law advocates with court rulings
    • Núm. 68-1, Enero 2016
    • Aslib Journal of Information Management
    • 112-134
    Purpose: – The purpose of this paper is to investigate the role of serendipity in legal information seeking behavior of family law advocates, whom act in a challenging information environment that ...
    ....../implications – Data absence on demographic and professional variables distributions of Israeli family law advocates was a limiting factor, compensated by the systematic sampling method used, thus can be regarded to reflect the views of the entire study population. Surveys ’ reliance ......
    • Núm. 36-6, Noviembre 1973
    • The Modern Law Review
    ...... There are, however, de facto family courts in the largest Swedish centres, e.g. Stockholm and Malmo where the size of the population and the number of ......
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Law Firm Commentaries
  • Challenges Ahead For Wealthy Families
    • Mondaq United Kingdom
    ......the family's future. So there is a need to examine issues facing high net worth. ...A large number. of factors, such as the size of the family, its goals and its net. worth, all ......
  • Special Guardianship Orders For Cross-Border Child Care Cases
    • Mondaq UK
    ...There can be many reasons why the parents of a family are unable to care for their children, for whatever reason the Local ... can be relatives, foster parents, a family friend or an existing de facto guardian; in practice, close relatives of the child are often chosen for ......
  • De-Facto Directors: Case 1: Re Snelling House: Directors' Misfeasance
    • Mondaq United Kingdom
    ......The money was not returned to the purchaser and instead, R2 removed substantial assets from C for the benefit of himself and his family. C then went into creditors' voluntary liquidation at which point, C had insufficient funds to pay its unsecured creditors. L claimed relief for, ......
  • Popely v Popely
    • Mondaq UK
    ...... BACKGROUND. Family members with interests in various companies in the leisure industry were ... fraudulent and in breach of fiduciary duty to Casterbridge (as a de facto director). The claim ultimately failed due issues with limitation, the ......
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