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What happens when assets are tainted: financial remedies v confiscation proceedings revisited
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Family Arbitration: the outlook after Haley Date:29 APR 2021
The recent decision of the Court of Appeal in
Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is ‘wrong’.
This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.
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Our authors are experts in their field and include barristers, solicitors, judges, mediators, academics experts from a range of related disciplines.
Spotlight Children and Same Sex Families: A Legal Handbook
OX44/2020 [2021] EWHC 91 (Fam)
Applications pursuant to Part 19 FPR 2010 within adoption proceedings to determine whether the local authority is under a duty to notify the Romanian Central Authority of the proceedings and if not, should their assistance be sought to identify the birth father and wider family.
The court was concerned with AK, a baby boy born in the UK to a Romanian national who travelled here whilst 8 months pregnant. The Mother had done that with the express purpose of giving birth here and then relinquishing AK for adoption.
During the adoption process the Mother declined to give any details of the Father but she did confirm his name and date of birth when she was admitted to the hospital to give birth. Furthermore she agreed to work with the allocated social worker and write a letter to AK as part of the life story work to be given to him when he is older. In that letter the Mother confirms details of the Father but no contact details. She was entirely co
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