In the January 2021 issue of the Family Law Journal 1COR barristers Amanda Minto, Pegah Shargy, Julie Stather and Natasha Isaac all give their insight into different hot topics affecting family law. All articles available for Family Law subscribers on Lexis Nexis here or via your LexisLibrary.
Many family law practitioners will have experienced the impact of a financial crisis in the past but, few – if any – will have experienced the extraordinary events that 2020 have brought. Following the Family Law Forum webinar this summer, Amanda and Pegah reconsider creative solutions to help families find swift resolution, either through the courts or via alternative dispute resolution.
Julie Stather gives guidance on ‘Internal relocation – avoiding the fait accompli: the difficulty of relocation cases.‘
Internal relocation presents the court with a starkly binary choice. Practitioners across the jurisdiction will be well aware of the pressure that puts on parents and their legal advisors. Because they are binary, such cases are often hard fought with parents perceiving that the result will be that one of them wins and one loses. The article explores the law on internal relocation and in particular the apparent opportunity of the relocating parent to ‘steal a march’ in the proceedings by effecting a so-called ‘internal abduction’. The difficulty of the ‘internal abduction’ is then examined along with suggestions to avoid the ‘fait accompli’; namely the use of the Children Arbitration scheme and consideration of the pre-emptive use of Section 8 orders.
Following the release of the coronavirus vaccine after successful clinical trials, it is now recommended for the whole UK population. Currently it is only suitable for adults, but this recommendation will likely include school children once a suitable vaccine is available. What happens when there is disagreement over children being vaccinated? Various scenarios are discussed and set within the wider medico-legal context.