In the vast majority of private law cases the issue of habitual residence in respect of a child does not pose an issue. When drafting the orders for the court the section in the CAP template dealing with “habitual residence” is usually filled out without really thinking. Where there is a dispute however, how is … Continue reading
The recent case of Re: ABCDEF (Fact Finding: Honour Based Violence) 2019 EWHC 406 dealt with the subsidiary issue of when a costs order can be made against an expert witness. The relevant facts are these. An application for a Child Arrangements Order, by the father for the relevant child to ‘spend time ‘ with him … Continue reading
Since the ending of legal aid in private law proceedings, it has become more frequent for cross examination to be conducted by litigants in person, including in cases where the court has deemed that there should be a fact finding hearing, before determining what if any contact should be ordered. The recent case of PS … Continue reading
Frequently in this modern age, clients in private law proceedings, will have covertly record either their children or the other party to proceedings saying something that they think that the court ought to hear at some stage during the proceedings. The usual test as to whether it should be introduced into evidence is whether the … Continue reading
As we are aware, in cases where grandparents are denied spending time with their grandchildren, they have to apply to the court to do so. Moreover, the procedure is a two stage process, with them having to apply for leave first and satisfying the conditions set down in Section 10(9) of the Children Act 1989. … Continue reading
Financial remedies cases frequently raise the issue of cohabitation after a marriage has ended in cases involving awards for maintenance, whether in the initial proceedings, on appeal or variation applications later, under S31 MCA 1973. Common to them all is, the court determines that issue as one of the relevant factors in the case. Where … Continue reading