How do you enforce a Contact/Access Order? The Children and Adoption Act 2006 The Children & Families Act 2013

 

 

 

 

 

In brief

Child Arrangement Orders’ have been brought in as of April 2014, which endeavour to remove labelling of parents as either having the children living with them, or seeing them on a regular basis. This labelling has been the cause of a huge amount of litigation and whilst there is no presumption in favour of shared parenting, the message being clearly sent is that the courts see both parents having a proper involvement in their child’s life, provided that it is safe and not contrary to the child’s welfare. Orders about children no longer contain the words custody, access, visitation, residence or contact. Instead our children are ‘spending time’ with each parent.

New Rules for 2014

On 22 April 2014, a new vision of the practice of family law in England and Wales was ushered in. This was as a result of increasing distaste in government circles with the amount of public money being spent on family breakdown. The process of this very significant change began in 2013 with the eradication of legal aid for all family cases, except in cases of domestic abuse. It has moved on to the adoption of various recommendations of the Family Justice Review, which was published in November 2011.

What to do when your spouse wants to divorce in a different country to you.

                By Punam Denley of Blanchards Law

 

Sometimes family law proceedings can be taken in more than one country.  Clients and some divorce lawyers are often at a loss to decide where they should divorce when they have a variety of links with different countries.  For example a husband may be born in one country, married in another but living with his wife and children in a third country.  His wife may be from yet another State, and having separated she may well have returned there. Clients seeking advice from properly qualified lawyers with international experience

What does the decision in Petrodel v Prest mean?

By Punam Denley of Blanchards Law.

Yesterday’s decision by the Supreme Court (12 June 2013) reaffirms what family lawyers have long believed: A party who has placed his assets within a company which he wholly owns and controls, cannot protect those assets behind the ‘shield’ of the company, and thereby prevent a financial claim from his spouse in divorce proceedings.