July 2018

Upward variation of periodical payments after the recipient’s financial recklessness – an answer at last!

In February 2017 I wrote an article on the case of Mills v. Mills [2017] EWCA Civ 129 (http://becket-chambers.co.uk/2017/02/28/upward-variation-periodical-payments-recipients-financial-recklessness-political-hot-potato/) which considered whether capital needs could, in effect, be revisited in a future application to vary periodical payments. The case has now been reconsidered by the Supreme Court; here I provide a reminder of the original Continue reading

Crisis in Family Justice?

Is the family justice system in crisis? Yes says Sir Andrew McFarlane, the new president of the Family Division of the High Court, who took over that role in July 2018. Sir Andrew was speaking at the launch of a Care Crisis review, an independent study by senior lawyers, social workers, charities & academics into Continue reading

Relocation – stating the resident parent will be ‘unhappy’ is simply not enough to justify relocation.

re M (A Child) [2017] EWCA Civ 2356 Introduction In a lead judgment from Jackson LJ the Court of Appeal have reiterated the guidance in Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882 that “an analysis of some sophistication and complexity” is required before granting an application for relocation. This case makes it Continue reading