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27 November 2014
Issue: 7632 / Categories: Features , Civil way , Procedure & practice
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Civil way: 28 November 2014

Parents’ positive presumption, first jactitation, now exequatur, joint tenant beware, & where the multies are going

Mum and dad do you good

They have arrived and to prove it, they are here. These are the provisions relating to various private law child applications contained in s 11 of the Children and Families Act 2014 which were commenced on 22 October 2014 by SI 2014/2749 but do not apply to prior proceedings which are still running. For reasons best known to someone, s 11 has come under the auspices of the Department for Education and was omitted from the ostensibly world-shattering children and family reforms which hit us on 22 April 2014.

So what is the latest reform all about? In the matter of contested applications to make, vary or discharge an order under s 8 of the Children Act 1989 and applications for parental responsibility under ss 44(1) (c), (2A) or 4ZA (1) (c) or (5) (got that?!), the presumption is raised that the involvement of a parent in the life of the child

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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