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Rebuilding lives after brain injury: the role of the Court of Protection
Jemma Garside
The unusual case of two lesbian mothers in Florida raises interesting questions relating to the use of surrogates and what the legal situation would be in a similar situation in England and Wales.
The rate of divorce continues to rise. Nowadays, one marriage in every three statistically is destined to end with divorce. It is perhaps unsurprising then that Debrett’s is looking to offer couples advice on how to manage a divorce graciously.
The Office of National Statistics has revealed that, for the first time since 2003, there has been a rise in the divorce rate in England and Wales. The rate of divorce in 2010 rose 4.9%, with commentators suggesting that the current economic situation, and the added strain this has on relationships, might be to blame for the increase.
The Law Commission published a consultation paper in October 2009 discussing reforms to the intestacy rules and family provision on death. After over 150 responses and further supplementary consultations in 2011, the Law Commission’s final report was released on 14 December (Law Com No 311 - www.lawcom.gov.uk).
The press reported in early January that the Government is considering proposals to promote shared parenting and to give rights in law for parents to have contact with their children. Action groups will undoubtedly welcome any proposals which recognise the role fathers often play in their children’s upbringing. As a general principle, the courts consider that it is in a child’s best interests to have regular contact with both parents. It will therefore be interesting to see how far the proposals go and whether there is, in practice , any change to the current legal position.
Jemma Garside
Lord Carter of Haslemere CB
Nikola Southern
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