Blogs & opinions
- in the category: family-child law
Matrimonial home treated like other assets for sharing
No inference to be drawn from title being in joint names
Adoption granted to prevent challenge to other orders
Court allows applications by children's aunt and her husband
Holiday leave refused where risk of children not returning
No adequate safeguards if removed to Algeria
Pre-matrimonial assets as special circumstances
Case also discusses needs justifying periodical allowance
Court sets out threshold test for permanence order
Legislation criticised as sheriff's decision upheld
Contact restoration outweighed by mother and child's opposition
Indirect contact allowed though direct not in best interests
Succession Act brings in the divorce effect
[Provisions for spouses to be revoked on divorce or annulment]
Sheriff principal wrong to overturn refusal of contact
Case should in any event have been reheard of new
Pre-cohabitation payment can be factor in financial claim
Ultimate basis of fairness should mean sheriff has discretion
Agreement not unfair despite unequal division
Party challenging had preferred security and peace of mind
Expert evidence ruled inadmissible in relocation case
Kennedy v Cordia tests applied to exclude psychological reports
Conduct of farm business did not determine farm ownership
Wife fails with property claim but wins periodical allowance