This month two disgruntled ex-husbands have hit the headlines – both fighting in the Court of Appeal to reduce or terminate the monthly maintenance they are paying to their former wives. Continue reading
Leading family lawyer Sharon Ser, alongside professional support lawyer Philippa Hewitt, have recently contributed a chapter on Hong Kong family law to a new guide comparing family law around the world.
Judgments of the Family Courts are often dismissed as the preserve of warring couples or parents in dispute and seen as having little relevance to other spheres of life. However the Court of Appeal is today considering legal issues concerning Trusts and Settlements that could have pivotal impact on a whole spectrum of legal advice in the wealth planning sector including Trusts Law, Charities Law and Matrimonial Law. Continue reading
Part one of this blog dealt with the decision in Re J, a very difficult case concerning a 7 year old boy (‘J’) whose mother had alleged that he was gender dysphoric and wanted to live as a girl. At a final hearing in July (2016), a judge found that the mother had imposed this belief upon J and, in doing so, had caused significant emotional harm to J, and that J’s interests were better served by living with his father. Continue reading
Re J is a very difficult case concerning a 7 year old boy (‘J’). His parents had separated acrimoniously and his mother was refusing to allow J to spend time with his father. This was largely because (she said) the father was uncomfortable with the fact that J identified more strongly with being a girl than a boy. Continue reading
The 2015 case of Re C (internal relocation) appeared at the time to dramatically alter, and simultaneously clarify, the approach to be taken by the courts in relocation cases. Re C seemed to state that whether a relocation is internal or international, the same principles will be applied by the court in determining whether the move is to be permitted. This therefore provided clarity to a line of case law providing variable interpretations as to the weight to be placed on such factors as the intentions of the relocating parent. Continue reading
Being a family lawyer can be a disadvantage when trying to enjoy a television or radio drama. Family law is easily misunderstood and its realities can get in the way of a good storyline; nobody really wants to watch reasonable and calm lawyers helping parties negotiate sensible solutions in an amicable way. Continue reading
Trustees have a somewhat strange and difficult job – they own the assets held on trust but they hold them for the benefit of beneficiaries, and so have a duty to act in those beneficiaries’ best interests. The trustees can control and manage the assets but only within the parameters of the trust.
We have a lot to celebrate with the recent launch of the new Children Law Arbitration Scheme. Thanks to the introduction of this new form of dispute resolution, arbitration can be used in children cases to find fast, effective and flexible solutions. Continue reading