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16 September 2011

Hanging on the telephone: City of Westminster v IC [2008] CFLQ 395
This case,1 involving a Muslim ceremony of marriage conducted over the telephone between parties resident in different jurisdictions, one of whom lacked the capacity to consent to a marriage in the...
Rebecca Probert
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16 September 2011

Charman v Charman (No 4) - making sense of need, compensation and equal sharing after Miller/McFarlane [2008] CFLQ 378
This commentary discusses the Court of Appeal decision in Charman v Charman, which, in dealing with Mr Charman's arguments concerning the recognition of his 'stellar contribution', sought to provide...
Joanna Miles
Articles filled_circle 16 September 2011
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16 September 2011

Special guardianship and permanency planning: unforeseen consequences and missed opportunities [2008] CFLQ 359
Special guardianship orders were introduced to supplement the range of options for permanency for children who cannot live with their birth parents. Intended to reduce the numbers of children in care,...
Ananda Hall
Articles filled_circle 16 September 2011
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16 September 2011

Safeguarding children on the edge of care: policy for keeping children safe after the Review of the Child Care Proceedings System, Care Matters and the Carter Review of Legal Aid [2008] CFLQ 335
The number of children referred to the courts under section 31 of the Children Act 1989 and the cost of care proceedings have been the target of several recent policy documents. Alongside a commitment...
Penelope Welbourne
Articles filled_circle 16 September 2011
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16 September 2011

Can you keep a secret? Children, human rights, and the law of medical confidentiality [2008] CFLQ 312
The existence of competent children's right to medical confidentiality was confirmed in R (Axon) v Secretary of State for Health (Family Planning Association Intervening). However, a number of...
Joan Loughrey
Articles filled_circle 16 September 2011
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16 September 2011

Disputing contact: challenging some assumptions [2008] CFLQ 285
This article provides a detailed exposition of the courts' general approach to deciding an application for a 'contact order' in section 8 of the Children Act 1989, and examines how that approach is...
Stephen Gilmore
Articles filled_circle 16 September 2011
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16 September 2011

Ownership of the family home: Stack v Dowden in the House of Lords [2008] CFLQ 255
Stack v Dowden is a landmark decision, because it is the first case on family property to reach the House of Lords since Lloyds Bank plc v Rosset in 1981. The reasoning of the majority, while carrying...
Graham Battersby
Articles filled_circle 16 September 2011
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16 September 2011

Evaluating the views of abducted children: trends in appellate case-law [2008] CFLQ 230
The summary nature of child abduction proceedings and the desire to give effect to the goal of prompt return has often led to limited consideration and importance being afforded to the views of the...
Peter McEleavy
Articles filled_circle 16 September 2011
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16 September 2011

Marrying an in-law? The future of prohibited degrees of affinity and consanguinity in English law [2008] CFLQ 219
The Marriage Act 1949 (Remedial) Order 2007 recently abolished the long-standing bar to marriages between former parents- and children-in-law. While the abolition of this restriction appears to...
Lawrence SchÃfer
Articles filled_circle 16 September 2011
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16 September 2011

Special educational needs: balancing the interests of children and parents in the statementing process [2008] CFLQ 199
While the law in England and Wales has gradually begun to recognise the autonomous legal interests of children, the provisions governing the special educational needs statementing process have not...
Conor O'Mahony
Articles filled_circle 16 September 2011
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