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New surrogacy law for Thailand

August 1, 2015 0 comments

cot 2

Thailand’s new law on surrogacy came into force this week. The Protection of Children Born from Assisted Reproductive Technologies Act is designed to protect children born through surrogacy and lays out the legal conditions all those involved in a surrogacy agreement must adhere to. The Act defines Assisted Reproductive Technology (ART) as “any medical scientific…

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‘Unsettled’ 15 year-old has no habitual residence

July 31, 2015 0 comments

family law

A High Court judge has ruled that a 15 year-old boy who has “lived an unsettled life” has no habitual residence. The boy, ‘NH’, had “dual Canadian and Zimbabwean citizenship” despite the fact that he was born in South Africa and lived there for the first five years of his life. His family moved to…

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Potential Gibraltar referendum on marriage equality provokes anger

July 31, 2015 0 comments

Gibraltar

Suggestions that Gibraltar may hold a referendum on marriage equality has sparked anger from Gibraltar’s Equality Rights Group (ERG). The reaction came after the Chief Minister Fabian Picardo was quoted on a GBC’s Direct Democracy programme, saying that he didn’t rule out a referendum on the issue. Felix Alvarez, chairperson of ERG voiced his displeasure:…

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Families with suspected Isis ties can keep children

July 31, 2015 0 comments

family law

Two families suspected of attempting to travel abroad to join extremist jihadi group Isis should be allowed to keep their children, the High Court has ruled. In a recently published judgment, President of the Family Division Sir James Munby ruled on two similar cases of families who had been detained earlier this year. Both families…

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Father’s contact appeal fails

July 31, 2015 1 comment

fostering and adoption

The Court of Appeal has rejected a father’s bid to overturn orders which prevented him from seeing his six year-old son. The child’s parents met in 2006 and began living together the following year, but their relationship began to break down and they separated in April 2009. This was only a few weeks after their…

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Slight increase in female judges

July 30, 2015 0 comments

children and divorce

There has been a slight increase in the number of female judges, a new report has revealed. According to a newly published diversity report by the Courts and Tribunals Judiciary, 21 per cent of Court of Appeal judges are women, which is an increase from 18 per cent in 2014. However, this only translates to…

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Another successful Barder appeal by John Bolch

July 30, 2015 1 comment

family law

When an event occurs shortly after a financial/property order on divorce that fundamentally undermines the whole basis upon which the order was made, it is possible to appeal against the order. Such appeals are known as ‘Barder appeals’, after the leading case Barder v Barder. However, as I have previously said here on more than…

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Canadians considering divorce to cope with rising care fees

July 30, 2015 0 comments

New Brunswick Confederation Bridge

Some Canadian pensioners are contemplating divorce after decades of marriage to combat crippling care fees. In the eastern Canadian province of New Brunswick, national broadcaster CBC talked to several Canadian ‘seniors’ who are facing financial difficulty after the care homes looking after their spouses raised their fees. Jerry Clark, who has been married for 52…

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