Blog
From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
26 April 2016
Moving abroad with children - rocking the legal ‘see-saw’ of habitual residence
Sadly, disputes regarding the international movement of children are common in the English courts, as a result of the increasingly international dynamic of families who move from country to country with their children. Moving a child to another country without the approval of the other parent or permission from a court can have serious legal implications and child abduction proceedings may become inevitable.
19 April 2016
IVF clinic mistakes create legal lacuna for children - beware the traps of the UK’s complex legal parenthood rules
We have recently seen several reported cases dealing with the legal fall out when mistakes are made by some IVF clinics in relation to consent forms, leaving a number of parents in the unhappy position where they are not the legal parents of their children. The Judge in the case of The Human Fertilisation and Embryology Act 2008 (A & Ors) [2015] EWHC 2602 (“Re A”) described the situation as “alarming and shocking”, making clear that legal parentage is “a question of the most fundamental gravity and importance”. We see similar consequences for parents in surrogacy cases where the commissioning parents are not the legal parents of a child born as a result of a surrogacy arrangement, despite genetic connections.
7 April 2016
The death of a child without a will — is it time to change the law?
As a Court of Protection practitioner acting for many clients with catastrophic injuries it is a sad but unavoidable fact that I will occasionally receive a call advising me of the unexpected death of a client. When this has happened it affects me deeply, particularly when it involves a child, so I can only imagine what my client’s family is going through. I like to develop strong relationships with my clients based not just on our professional dealings but also in a personal capacity. The decisions I take can have a significant impact on their lives and I believe it makes me a better lawyer if I take the time to know my client on a personal level. As a result, you feel more keenly the loss of a client you have come to know well over a long period of time.
A slightly amended version of this blog appeared on The Times in April 2016.
23 March 2016
The challenges with family law agreements for international couples
Increasingly, I find myself asked by one member of an international couple to draft an agreement which I have to advise them will be difficult to uphold, especially across international borders.
The vast majority of my clients have international connections, whether by nationality, residence, or substantial assets outside England. While there is a substantial amount of international family law to help such couples, there are huge gaps. Many of the gaps involve significant issues which clients want advice on every day.
This article was first published in WealthBriefing in March 2016.
2 March 2016
Alternatives to the family court process - new Family Law Children Arbitration Scheme to be launched
For many, the prospect of attending a court hearing to decide upon the future of your family or finances can be a daunting process. Courts tend to be formal, overwhelming and expensive. Thankfully, court is not the only option and alternative dispute resolution methods, such as arbitration or mediation, can often assist in achieving a more amicable, timely and economical resolution.