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[15 Feb 2010 | No comments | 36 views]

After separation, it appears all too easy for a resident parent to go and live overseas and so prevent the other parent seeing their child again.
The case-law governing “leave to remove” as it is called is a 2001 case, Payne v Payne. Here is the key principle which it established:
“refusing the primary carer’s reasonable proposals for the relocation of her family life is likely to impact detrimentally on the welfare of her dependent children. Therefore her application to relocate will be granted unless the court concludes that it is incompatible …

Family Law »

[30 Jan 2010 | No comments | 25 views]
LIP rate rises to £20 per hour

When someone acts in person without a solicitor, occasionally a court will order that his costs be paid by the other party. He is then able to charge for the time he has spent on the case at £9.24 per hour. This is generally know as the LIP or Litigant in Person rate.
It has remained fixed at £9.24 an hour for 15 years and has not increased with inflation. Now, the Jackson Review of Costs in Civil Proceedings has recommended that the rate should increase to £20 per hour.
The final …

Family Law, Headline, Opinion »

[14 Apr 2009 | One Comment | 369 views]
A Presumption of Reasonable Contact?

We believe family courts should adopt the principle that, following divorce or separation of parents, there is a presumption that both parents will have reasonable contact with their children unless there is a good reason otherwise.
Clearly there is a big difference between one case in which the child and his resident mother, for instance, live a mile away from the non-resident father, and another case in which they live 300 miles away. Because of these differences of circumstances, the exact definition of reasonable contact will vary between cases.
We attach …

Domestic Violence, Family Law »

[13 Apr 2009 | 4 Comments | 624 views]
Abused Father Syndrome

Why some non resident fathers are pushed over the edge.
If you look up Abused Father Syndrome in any sociology or psychology textbook, you won’t find it, so what is it we are talking about? Could there be such a psychological condition recognised in the future that could be used as a defence or partial defence in the law of provocation?
Abused Father Syndrome (AFS) arises when the victim has been a long and constant sufferer of Domestic Violence (DV) perpetrated by his children’s mother and/or the maternal family over many years. …

Family Law, Opinion »

[2 Apr 2009 | No comments | 52 views]
50:50 Equal Parenting in Belgium

In 2006, Belgium introduced laws that make parenting time equal after separation. Listen to Dr Pascal Gallez describing to the Australian radio show, Dads on the air, how this law came about and how it is working in practice http://www.dadsontheair.net/shows/Dads_on_the_Air_2009-03-10.mp3 . The interview begins min.12.36 into the show.