Private Client Articles

Judge was wrong to order that children be returned to 'abusive' father

The Court of Appeal has ruled that a judge was wrong to order that two children should be returned to their father, who the mother claimed had been abusive. The mother was English, and the father was American. They married in 2015 and lived in England with...

Nursery worker wins unfair dismissal claim but has compensation reduced

The Employment Tribunal has ruled that a child care centre acted unfairly when it dismissed a nursery worker over allegations that she encouraged children to kick and taunt a colleague. The case involved Miss S Flynn who had been the team leader in the baby...

WX v HX [2021] and the issue of non-matrimonial property?

The recent case of WX v HX (2021) serves as a good reminder of the importance of establishing the different types of property when dealing with financial remedy issues on divorce.   Background The case of WX and HX concerned an application for a...

Father can't use Hague Convention to get children returned to Austria

A father has been told that he cannot invoke the Hague Convention to have his children returned to Austria after their mother took them to live in England. The Family Court was told that the children were British citizens born in the UK in 2012 and 2019 and...

Teacher's dismissal over indecent images on computer was not unfair

The Court of Session has ruled that an education authority had not acted unfairly when it dismissed a teacher after indecent images were found on his computer. The issue arose after police attended the teacher's home to carry out inquiries relating to...

Cohabiting couples with children to qualify for bereavement benefit

Cohabiting couples are to qualify for bereavement payments if one of them dies leaving dependent children. Previously, a surviving parent could only claim the financial support if they had been married or in a civil partnership at the time of their spouse...

It's time to end the Blame Game: No Fault Divorce is on its way

On 26 June 2020, the Divorce, Dissolution and Separation Bill gained Royal Assent and became the Divorce, Dissolution and Separation Act 2020. This ended years of campaigning to remove the need for husband or wife to blame the other when seeking a...

Government launch review of the LPA process

This week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about your finances, health, and care on your behalf, should you...

Wife fails to overturn divorce obtained by husband in China

The Family Court has rejected a wife’s application to overturn a divorce obtained by her husband in China. It held that the husband had taken reasonable steps to notify her of the proceedings and she had had reasonable opportunity to take part but had...

Court outlines tests for delusional mindset when making a will

The High Court has outlined some tests for mental capacity and whether a person may have had delusional beliefs when making a will. The issue arose following a family dispute involving a brother and sister. Their parents had divorced in 1980 when their...
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