Girl must be brought back to England, court rules

March 23, 2017 0 comments

child contact

The mother of a primary school pupil has been refused permission to appeal against an order that she must be returned to England from Northern Ireland. In AH v DT, the parents had a two year relationship which ended in 2014, following the birth of a daughter, ‘E’. The situation then became acrimonious. The mother…

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Six year-old ‘should be returned to Northern Cyprus’

February 17, 2017 2 comments

children and divorce

A six year-old boy should be returned to Northern Cyprus, the High Court has ruled, despite an acrimonious relationship between his parents. In D v D, the father had applied for the boy’s  return, against the opposition of the mother. The parents married on the Mediterranean island in 2009 and the boy, ‘D’, was born…

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False accusations of domestic violence: what can you do?

January 27, 2017 10 comments

family law

ASK A FAMILY LAWYER Each week, Stowe Family Law solicitors answer readers’ questions on different legal issues.  A senior solicitor based in our Harrogate office, Theo Hoppen, tackles this week’s topic. “My ex and I are currently going through an acrimonious divorce and I was alarmed to hear that she has now accused me of…

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Limitless non-molestation orders ‘wrong in principle’

January 23, 2017 1 comment

non-molestation orders

Non-molestation injunctions issued without a specified time limit are “wrong in principle” the President of the Family Court has insisted. Such injunctions, popularly known as ‘non-mols’, are issued in family disputes where one party alleges that the other has been abusive or violent. The person subject to the injunction can be arrested and imprisoned if…

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Relocation case demonstrates conflict between requirement to obey the court and the welfare of children

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October 11, 2016 3 comments

family law

I don’t normally comment upon an on-going case in which no final decision has been made. However, the facts in X, Y and Z (Children) (Retrospective Leave to Remove from the Jurisdiction), published last week, demonstrate an important and recurring issue in family law: the conflict that can arise between the requirement of the parties…

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Ten per cent rise in family court cases

September 29, 2016 0 comments

family law

Ten per cent more cases were heard in the family courts between April and June, the Ministry of Justice (MoJ) has reported. A total of 66,328 came before judges over the three months: according to the Ministry’s latest statistics quarterly. The figure was ten per cent lower in the same quarter last year the MoJ…

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The use and abuse of ex parte injunctions

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September 15, 2016 12 comments

secrecy, privacy, family court, family law

I recall many years ago acting for a husband in divorce proceedings who was the ‘victim’ of an ex parte injunction order that really should never have been made. There was considerably animosity between the parties who were both still residing in the matrimonial home and, as an ‘opening shot’ the wife applied for, and…

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