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4 King’s Bench Walk

Experts

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Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or otherwise interfere with the other party, would allegations the applicant considers to be unfounded that are made to the court and to the police amount to a breach of that undertaking?
Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or otherwise interfere with the other party, would allegations the applicant considers to be unfounded that are made to the court and to the police amount to a breach of that undertaking?
Q&As

Where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service, and in circumstances where the child is not disabled, would the court have jurisdiction to order periodical payments for the child to include a carer's allowance? For example, to contribute towards the primary carer's monthly rental costs?
Where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service, and in circumstances where the child is not disabled, would the court have jurisdiction to order periodical payments for the child to include a carer's allowance? For example, to contribute towards the primary carer's monthly rental costs?
Q&As

Where an updated plan needs to be substituted for the existing lease plan, is it appropriate to use a deed of variation simply confirming that the new plan is substituted for the existing one? The terms of the lease itself are not changing and the extent of the demise is not increasing.
Where an updated plan needs to be substituted for the existing lease plan, is it appropriate to use a deed of variation simply confirming that the new plan is substituted for the existing one? The terms of the lease itself are not changing and the extent of the demise is not increasing.
Q&As

Where are the terms ‘Electric Vehicle’ and ‘Electric Motor Cycle’ defined in legislation for the purposes of an Off-Street Traffic Order made under section 32 of the Road Traffic Regulation Act 1984?
Where are the terms ‘Electric Vehicle’ and ‘Electric Motor Cycle’ defined in legislation for the purposes of an Off-Street Traffic Order made under section 32 of the Road Traffic Regulation Act 1984?
Q&As

Where both parents have parental responsibility for a child and an order provides for one parent to arrange a therapist for the child and for the other parent to pay for the therapist, what obligations does the therapist have, if any, towards the paying parent in terms of providing information? Would any such obligations differ if there was an order providing that the paying parent was not to have any direct or indirect contact with the child?
Where both parents have parental responsibility for a child and an order provides for one parent to arrange a therapist for the child and for the other parent to pay for the therapist, what obligations does the therapist have, if any, towards the paying parent in terms of providing information? Would any such obligations differ if there was an order providing that the paying parent was not to have any direct or indirect contact with the child?
Q&As

Where both parties are retired, and one spouse’s pension income is twice that of the other spouse, would the court make an order for joint lives maintenance?
Where both parties are retired, and one spouse’s pension income is twice that of the other spouse, would the court make an order for joint lives maintenance?
Q&As

Where care proceedings have been consolidated following the birth of another baby during the original proceedings, in what circumstances would the court be likely to subsequently split the two sets of proceedings? Is there case law on this issue?
Where care proceedings have been consolidated following the birth of another baby during the original proceedings, in what circumstances would the court be likely to subsequently split the two sets of proceedings? Is there case law on this issue?
Q&As

Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?
Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?
Q&As

Where child maintenance is currently payable under the statutory scheme, but the parent with care intends to move with the child to another EU country, can the courts in England and Wales make an order for maintenance prior to the relocation for both maintenance and school fees and would that order be enforceable after the relocation? Will the position be different if the UK leaves the EU?
Where child maintenance is currently payable under the statutory scheme, but the parent with care intends to move with the child to another EU country, can the courts in England and Wales make an order for maintenance prior to the relocation for both maintenance and school fees and would that order be enforceable after the relocation? Will the position be different if the UK leaves the EU?
Q&As

Where children from the same family are split between two different local authority areas, can one local authority deal with the care planning for all of the children? Where a full care order has been granted to a local authority, can that order be transferred by the court to another local authority?
Where children from the same family are split between two different local authority areas, can one local authority deal with the care planning for all of the children? Where a full care order has been granted to a local authority, can that order be transferred by the court to another local authority?
Q&As

Where cohabitants have children together, and the property in which they reside is held in the sole name of one party, what action can that party take for the other party to leave the property in the absence of domestic abuse? Is the position different if the party who does not own the property is the primary carer of the children?
Where cohabitants have children together, and the property in which they reside is held in the sole name of one party, what action can that party take for the other party to leave the property in the absence of domestic abuse? Is the position different if the party who does not own the property is the primary carer of the children?
Q&As

Where cohabitants jointly own a property, and one party has made substantial improvements to that property since separation, can it be inferred that party who made substantial improvements should have a greater than 50% interest in the absence of a joint agreement or intention?
Where cohabitants jointly own a property, and one party has made substantial improvements to that property since separation, can it be inferred that party who made substantial improvements should have a greater than 50% interest in the absence of a joint agreement or intention?
Q&As

Where cohabitants jointly own more than one property, can one party seek an order for the sale of all of the properties so that the proceeds of sale may be divided? Or can the party with whom any children reside seek to retain a specific property on the basis that it has been the family home?
Where cohabitants jointly own more than one property, can one party seek an order for the sale of all of the properties so that the proceeds of sale may be divided? Or can the party with whom any children reside seek to retain a specific property on the basis that it has been the family home?
Q&As

Where completion has been agreed upon the grant of a new residential lease, and it transpires later on that the buyer has not signed the lease (in breach of their obligations under the contract), what are the remedies of the landlord?
Where completion has been agreed upon the grant of a new residential lease, and it transpires later on that the buyer has not signed the lease (in breach of their obligations under the contract), what are the remedies of the landlord?
Q&As

Where decree absolute has been granted and a consent order has been made ordering a husband to transfer his interest in the matrimonial home to his wife and the wife dies before the transfer has begun, does the property pass to the husband by survivorship as the joint tenancy was not severed, or does the order sever the joint tenancy? Can the terms of the order be varied in view of the wife's death so that husband can retain the property?
Where decree absolute has been granted and a consent order has been made ordering a husband to transfer his interest in the matrimonial home to his wife and the wife dies before the transfer has begun, does the property pass to the husband by survivorship as the joint tenancy was not severed, or does the order sever the joint tenancy? Can the terms of the order be varied in view of the wife's death so that husband can retain the property?
Q&As

Where documents in family proceedings are to be served on a party in an EU Member State (under the EU Service Regulation or otherwise), what is the procedure to be followed?
Where documents in family proceedings are to be served on a party in an EU Member State (under the EU Service Regulation or otherwise), what is the procedure to be followed?
Q&As

Where executors are on notice of a potential challenge to the deceased's Will and/or claim under the Inheritance (Provision for Family and Dependants) Act 1975 based on initial correspondence but not meaningfully pursued beyond that stage, would a successful application for a 'put up or shut up'/Cobden-Ramsay order afford protection against both actions?
Where executors are on notice of a potential challenge to the deceased's Will and/or claim under the Inheritance (Provision for Family and Dependants) Act 1975 based on initial correspondence but not meaningfully pursued beyond that stage, would a successful application for a 'put up or shut up'/Cobden-Ramsay order afford protection against both actions?
Q&As

Where former cohabitants have agreed that a lump sum is to be paid to one of the parties, can that party instruct that the monies are paid to a third party? What are the tax implications of doing so and the position of the payer’s solicitor if they are aware that the payee may intend to avoid the payment of tax?
Where former cohabitants have agreed that a lump sum is to be paid to one of the parties, can that party instruct that the monies are paid to a third party? What are the tax implications of doing so and the position of the payer’s solicitor if they are aware that the payee may intend to avoid the payment of tax?
Q&As

Where former cohabitants jointly own a property that has both business and residential use, what remedies are available to determine their interests?
Where former cohabitants jointly own a property that has both business and residential use, what remedies are available to determine their interests?
Q&As

Where grandparents have parental responsibility by virtue of a ‘lives with’ child arrangements order to enable them to care for the relevant children while their father is overseas, what would be the appropriate procedural role for the grandparents to play in the father’s application to vary the order to add his current wife as a person with whom the children live? The children’s mother and father also have parental responsibility for them.
Where grandparents have parental responsibility by virtue of a ‘lives with’ child arrangements order to enable them to care for the relevant children while their father is overseas, what would be the appropriate procedural role for the grandparents to play in the father’s application to vary the order to add his current wife as a person with whom the children live? The children’s mother and father also have parental responsibility for them.
Q&As

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