Family Court Reports

Andy Hill, Head of Legal Publishing

January 14, 2019

The latest update to Family Court Reports is now live for subscribers. This update includes:

A v A (nos 1 and 2), [2019] 1 FCR 1

Financial remedies – Consent order – Undertakings – Release based on change of circumstances – Replacement undertakings – Fairness – Current financial positions – Needs – ‘Real needs’ – Relevance of agreement – Amortisation.

Jurisdiction – Undertakings in consent order – Release based on change of circumstances – Replacement undertakings.

Akhter v Khan, [2019] 1 FCR 24

Human rights – Religious marriage – English marriage requirements not met – Concept of non-marriage – Interpretation of s 11 MCA 1973 – Human rights considerations – Whether void marriage – Whether English law discriminated against Muslim women – Relevance of equitable principles.

Marriage – Validity – Religious marriage – English requirements not met – Concept of non-marriage – Interpretation of s 11 MCA 1973 – Human rights considerations – Whether void marriage – Whether English law discriminated against Muslim women – Relevance of equitable principles.

De Gafforj v De Gafforj (appeal: Hadkinson order), [2019] 1 FCR 73

Appeal – Contempt – Hadkinson order – Failure to pay legal services payments order – Failure to pay maintenance pending suit and costs order – Relevant conditions for making order – Substantive case concerning distinction residence and habitual residence for jurisdictional purposes – Compliance with legal services payments order a condition of pursuing appeal.

Financial remedies – Interim maintenance – Legal costs order – Failure to pay – Contempt – Impact on pending appeal – Hadkinson order – Relevant conditions for making order – Compliance with legal services payments order a condition of pursuing appeal.

Re H (children), [2019] 1 FCR 80

Care proceedings – Concurrent criminal proceedings – Need for housing provision – Delays associated with third-party decision makers – Whether court able to investigate such delays – Degree of permitted interaction with third-party decision makers – Family Court not entitled to pressurise third-party decision makers with statutory powers – Orders under s 31G MFPA 1984 – Protocol and Good Practice Model: Disclosure of Information in Cases of Alleged Child Abuse and Linked Criminal and Care Directions Hearings, Family Court Practice.

Rogan v Rogan, [2019] 1 FCR 97

Enforcement – Contempt – Committal order – Spousal maintenance – Failure to pay – Means – Whether borrowing a form of means – Whether voluntary personal spending funded by borrowing demonstrated means with which debt under order could have been paid.

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