Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
As reported widely in the media recently, important changes to the family justice system came in to force on 22 April 2014. One of the key changes was the amendment to many of the court application forms (in particular those for commencing children and financial proceedings), which now require confirmation that mediation has been considered as a method for resolving financial or children issues on separation.
Dealing with the relocation of children to another country in situations of family breakdown can be highly complex and challenging – and in most cases, there is no win-win situation for any party involved. The very recent High Court decision in the case of CB v CB [2013] EWHC 2092 shows this. This involved a dispute between an Australian-British dual citizen mother and a British father. Their son, aged 14, had stayed with his father in England after a Christmas visit. This followed a two year period where the mother had relocated to Australia with the child to live on a short-term basis, with the father's permission.
The government overhaul of legal aid (public funding) came into force on 1 April 2013 and is due to affect the entire justice system. Criminal barristers have begun striking, court staff are already striking and, with the family court system at breaking point, litigation is becoming even more of a last resort for privately paying clients.
In February 2010, The Honourable Mr Justice Baker was presented with a draft order from the legal teams of a divorcing orthodox Jewish couple in the case of AI v MT. The couple disagreed about the division of finances, issues regarding their two young children and the Get (the religious recognition of the divorce which the husband gives to the wife). After many months of litigation and negotiations they agreed to refer their disputes for determination by the New York Beth Din (the Jewish religious Court) and they invited the approval of Mr Justice Baker in doing so.
Various press reports this week, both in England and in the US, suggest that Demi Moore and Ashton Kutcher have been unable to finalise their divorce due to their inability to reach a financial settlement and the prospect of an “ugly” court battle has been raised. This blog explores the alternative routes to highly public divorces in the UK.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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