Katherine Illsley

This Q&A considers the factors that will be taken into account by the court where an order restricting further applications (made under ChA 1989, s 91(14)) is in force and where they are determining an application for permission to make a further application.

This Q&A considers whether unfounded allegations could amount to ‘molestation’ and be found to be a breach of an undertaking not to molest or otherwise interfere with the other party.

This Q&A considers the position 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, the obligations the therapist have, if any, towards the paying parent in terms of providing information. It also considers if any such obligations would differ if there was an order providing that the paying parent not to have any direct or indirect contact with the child.

This Q&A considers what order a court may make in relation to periodical payments where both parties are retired and in receipt of pension income.

This Q&A considers the circumstances in which the court might split care proceedings that had subsequently been consolidated.

This Q&A considers the enforceability of an agreement by a non-resident parent to pay child maintenance to a resident parent (ie the parent with primary care of the parents’ child or children). It also considers where proceedings should be issued in order to obtain an order in the event that the father is resident in another jurisdiction and an agreement is insufficient to pursue enforcement.

This Q&A considers the designation of local authorities where children from the same family reside in different local authority areas.

This Q&A considers whether improvements made to a jointly-owned property can result in an increased share of the proceeds of sale in the absence of such an agreement between the parties.

This Q&A considers the procedure to be followed for service of documents on a respondent within family law proceedings who is outside the UK, specifically in an EU Member State.

This Q&A considers the contractual implications of a payment to a third party pursuant to an agreement between cohabitants and the professional obligations on solicitors, in relation to the payment of tax.

This Q&A considers what steps may be taken by someone (A) to recover assets when their spouse (B) withdraws savings from their personal and business accounts. In particular, this Q&A considers whether an application can be made to the court under MCA 1973, s 37 to set aside the transaction and to recover the money.

This Q&A considers whether one party to a marriage loses the right to occupy the matrimonial home they have been occupying with the other spouse if they stay away for a period greater than 12 months.

This Q&A looks at where separated parties own a property jointly as tenants in common in equal shares, and the party who has moved out seeks a sale of the property while the other party remains in the property with their child from a previous relationship who attends a local school, can the party remaining in the property resist an order for sale as they do not want to disrupt their child's education.

This Q&A considers whether a joint tenancy is severed either by the issue of divorce proceedings or by pronouncement of decree absolute.

This Q&A addresses the question of the jurisdiction of the Child Maintenance Service (CMS) when the non-resident parent is not habitually resident in the UK. It also considers what steps to take if the CMS accepts jurisdiction and the question of habitual residence is disputed.

This Q&A considers what action a party should take in the event that their financial circumstances change and they wish to vary an order for child maintenance downwards.

This Q&A examines local authority duties in relation to children and when the interaction of a parent with the local authority will be voluntary or not.

This Q&A considers what steps a spouse can take to protect their interest in a property prior to the resolution of the parties’ finances upon divorce.

This Q&A considers whether a parent may take a child out of the jurisdiction of England and Wales if the other parent refuses to give their consent.

This Q&A considers the differences between an application for child maintenance under the Matrimonial Causes Act 1973 and one made under Schedule 1 to the Children Act 1989.