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Family Law Blog

8 August 2011

Holiday strife?

During this time of the year we are often approached by clients faced with arguments about how the children should divide their time between their parents during the school summer holidays. These disputes have the potential to be acrimonious and stressful to all concerned. Clients often query what is the “usual” or “normal” arrangement where parents have separated which is a difficult question to answer as there is no regime prescribed by the law or a right or wrong answer and our response is often whatever the client, as the parent, considers to be in the child’s / children’s best interest(s). As a guide, the experts often suggest that it is appropriate for younger children to visit / stay with the non resident parent for shorter periods of time but more frequently and as the children become older, that the periods of time should be extended to larger blocks of time (perhaps with the principle of the school holidays being divided equally). Our advice is always to grapple with the issue well in advance of any school holidays (particularly where foreign travel is planned) to try to avoid last minute fraught negotiations and potentially a Court application.

26 July 2011

“leave to remove” a reflection on the case of MK v CK

The recent case of MK v CK has marked a change in the treatment of “leave to remove” or relocation cases. The father successfully appealed against the decision allowing the mother permission to relocate to Canada with the parties’ two children.

Connie Atkinson

15 July 2011

Is any divorce an “easy” divorce?

This has been a busy week for commentators on Family Law issues. Yesterday, Sir Paul Coleridge, a senior Family Court Judge, remarked that obtaining a divorce is now easier than getting a driving licence. Was this an exaggeration or is it really true?

8 July 2011

Are "shot-gun" civil partnerships responsible for the rise in dissolutions?

Celebrations are continuing in New York where, later this month (24 July 2011) it will be possible for same sex couples to marry in the state of New York for the first time following the state Marriage Equality Act coming into force.

Connie Atkinson

29 June 2011

No such thing as a common law

Contrary to common belief, there is no such thing as a common law husband or wife in England, and the remedies available to separating cohabitants are far more limited (and complicated) than those of divorcing couples. Unmarried couples have to rely on a mixture of property and trust law when trying to prove an interest in a family home which is not registered in their name.

Connie Atkinson

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