Marilyn Stowe Blog

Archive for the Children and Divorce category

What does the future hold for parents’ rights?

Just before I went on air at This Morning last week, Holly Willoughby – a new mum herself and one of the presenters of the programme – turned to me and said “just what rights do parents have to their children?” It seems like an easy question. But in fact it is far from it, and happens to be one that is leading debate-upon-debate in political, social and legal circles in this country and around the world.

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A note on the Vicky Haigh case

The case of Vicky Haigh has made lurid headlines today. She is the woman publicly named and shamed by Lord Justice Wall, the President of the Family Division, after making “entirely false” and “scandalous” allegations about her former partner.

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External Relocation: An update.

My recent post about external relocation sparked an interesting debate, and it became clear that there are many readers who have personal experience of this subject – and strong feelings about it.

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Is shared parenting legislation really the way forward?

This question is asked in the latest study published by the Department of Social Policy and Intervention at the University of Oxford. Its authors focus upon research in Australia, where changes to encourage shared care parenting were made in 2006.

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Internal Relocation: when a parent wishes to move to another part of the UK, what rules apply?

When I was two years old, my mother and I relocated from London to Yorkshire. My parents had split up, my mother needed the support of her family in Yorkshire and my father needed to be in London for his job. Thankfully my parents agreed on this arrangement and did not need to go through the courts. I have always maintained a very good relationship with my father. I could not see him every day, but he called every night and I saw him every other weekend.

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External relocation: when a parent wishes to move overseas with a child, what rules apply? By guest blogger Laura Guillon.

If a relationship breaks down and there are children involved, what rules are applied to cases when one parent wishes to move with the children to another country? In this post, we will be looking at …

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Gloria Hunniford and grandparents’ rights

The TV and radio presenter Gloria Hunniford has published a new book called Glorious Grandparenting. I was delighted to be asked to contribute a detailed section about legal rights for grandparents. …

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Mr Justice Coleridge and intractable contact disputes: change is in the air

John Bolch of Family Lore and Judith of Judith’s Divorce Blog have posted irreverent responses to the speech given by Mr Justice Coleridge to the Association of Child Lawyers on Friday. Long-time readers of this blog will recall that I have previously applauded Mr Justice Coleridge for his bold and outspoken views on family breakdown. His latest speech touched on another sensitive and …

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Leave to remove and the vexed question of jurisdiction. By guest blogger Jennifer Hollyer

I read Marilyn Stowe’s recent post with interest, as I have come across or worked on a number of cases in which one parent wanted to move abroad and the other battled with the idea of being left behind. The remaining parent often struggles to maintain a relationship with their children and any arrangements can become even more difficult if legal wrangling ensues. As you’d expect these types …

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Leave to remove a child: what about the parents left behind?

Back in September, when  Lord Justice Wall gave a speech to Families Need Fathers,  his view of separation as a “serious failure of parenting” attracted headlines. I would like to draw …

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Split hearings: what will happen now? By guest blogger James Thornton

A split hearing can be summarised as a hearing divided into two parts. During the first part the court makes findings of fact on issues identified by the parties or the court. During the second part …

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Fathers’ rights and family law in 2010: could every day be Father’s Day?

On Saturday afternoon I found myself in the menswear department of Marks & Spencer having a joke with the sales assistant. I asked her to put the till receipt in the bag because the goods I had bought that she was carefully wrapping would be …

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Divorce and children: how “conciliation hearings” can heal disagreements – by guest blogger Stephen Hopwood

Divorce cases that involve disagreements about children are often described as “difficult”. Emotions run high; at a local level the judiciary may have to fall upon its own judgement when asked to …

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Children & divorce: where do we go from here? By guest bloggers Stephen Hopwood & Andrea Essen.

A survey of children’s experiences of divorce was published today. The Children Act 1989, which transformed the face of family law for children, is 20 years old today. So how have children’s …

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New legal rights for grandparents?

Many grandparents are surprised to discover that they do not have automatic rights of residence or contact with their grandchildren. But could their rights be about to improve? This week it is my turn not to criticise, but to praise the Conservative Party. Newspapers have reported that the Conservatives, if they win the next election, intend to give new, improved legal rights to millions of …

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Awards

UK Blawg Awards 2010

About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 25 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK.

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Note

I write for the benefit of those who are experiencing family breakdown and for fellow family law professionals. Please note that all persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients.

Please also note the advice I give in each scenario must not be relied upon by anyone reading my blog. You must always take your own legal advice as your circumstances may be different and English family law is continually changing.

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