Tanner De Witt’s Post

UNNECESSARY COURT APPLICATIONS: When parents separate, arrangements for the children need to be carefully considered and, in some cases, when parents cannot agree about what is best for their children, the court has to make the final decision. Some parents may find themselves in court for a second, third or even more occasions in circumstances where the other parent has continued to ask the court to make further decisions or change decisions it has already made in relation to the children, which often leads to further stress and acrimony between the parents. Read more in this latest blog by Associate Solicitor, Melissa Gire, from our Family & Matrimonial team: https://lnkd.in/gB8bNhGb #courtapplications #divorce #arrangementsforchildren #familylaw

Family Court Orders, made to be broken? Going to court is usually the last resort for separated couples, but what happens if the other person ignores the Orders eventually made? Prevention can often be better (and cheaper) than the cure, so make sure your Court Order is clear, specific and unambiguous. If you need to enforce the Order later, you don’t want to leave scope for doubt. Read on to find out how to enforce and what remedies you can seek ⬇️ #divorce #familylaw #custodydispute Kirsty Leedam https://lnkd.in/eSQzYUSt

Syariah Court Practice Forum - a whole day of learning and sharing across 3 main groups - lawyers,social workers and asatizah . The last time I remember such a diversity of participants in large numbers was way back in 1998 when there was a major revamp to the Administration of Muslim Law Act ( AMLA) . The range of speakers , from presidents of Syariah court, court Counsellors from both Syariah Court and Family Justice Court, Child Protection Services and religious leaders manifest the host of inter-related agencies involved in management of divorce and children cases today . The skill sets of the modern day family lawyer is very different from the old days of adversarial litigation. A divorce proceeding should not be an arena of war. It can and should be the avenue of resolution , and the platform for all parties, especially children,to move forward peacefully.

Xanthopoulos v Rakshina [2024] EWCA Civ 84 (08 February 2024) The Court of Appeal allowed appeal regarding Ground 1 (quantum: that award was too low and left H in debt), Ground 3 (s25 factors: inadequate account of the s25(2) MCA 1973 factors including (a) the considerable assets available to W , the absence of any assets available to H including his debts to his various solicitors (b) Hneeds including discharge of his debts and rehousing in a country of his choice (c) the standard of living and length of the marriage (d) H's mental health and H's non-financial contribution to the marriage) and Ground 4 (housing) and dismissed other grounds of appeal #FamilyLaw #ParadigmFamilyLaw #London #Manchester #FixedFees See also on cost: Xanthopoulos v Rakshina (Re Costs) [2024] EWCA Civ 100 (08 February 2024)

MUSLIM FAMILY LAWS ON FINGER TIPS: 1). MUSLIM FAMILY LAW ORDINANCE: Succession (4) Registration of Marriage (5) Polygamy (6) Talaq (7-8) Maintenance (9) Dower (10) 2). MUSLIM FAMILY COURT ACT 1964: Family court & Judge (3-4) Jurisdiction & Sitting(5-6) Institutions of suit (7) Intimation to & written Statement by Defendant (8-9) Pretrial (10) Evidence (11-12-A) Enforcement of Decree (13) Appeal (14) Contempt of Family Court (16) Interim Order (17-A) Transfer of Cases (25-A) 3). GUARDIAN & WARDS ACT : Jurisdiction of Court (9) Form, Procedure (10-11) Production of Ward (12) Matter to determine Welfare of Minor (17, 19) Guardian of Person (24-26) Guardian of Property (27-37) Termination of Guardianship (38-42) Appealable Orders (47,48) Powers of High Court (50) 4). Dissolution of Muslim Marriage Act 1939: Grounds for Dissolution of Marriage (2) 5). Sindh Child Restraint Marriage Act 2013: Punishment for Marriage of Children (3-5) Jurisdiction & Power (6-7). #law #familylaws #legal #court #familycourt #litigation #practice

"A mother who loves and cares for her child, ... would not be comfortable leaving her child behind ... for a continuous period of about three years only to reappear in the child’s life and snatch him away from the petitioner’s custody. ... While it is not a bad thing to drink, indulging in the act to the extent of locking the respondent out of their matrimonial home is an irresponsible act as it exposes the respondent to unforeseen dangers, denies her the right to shelter as a spouse and prevents her from having access to care for their child. ... If a father can drink and get under the influence to the extent of locking his wife out of their matrimonial home how can such a man be trusted to cater for their child?" The foregoing are extracts from a recent decisions in a divorce and custody suit. Are you curious enough to know who between the parties, if any, got the custody of the child? Here's a copy of the decision. Have your say! P.S.: Parties got certified copies of the decision immediately after the judgment was delivered. This will enables them to further peruse the decision at their convenience and take any further necessary actions, especially when they did their case at the Court without legal representation. Having a copy of the decision also empowers them to know their rights, such as contained in s.27(2) of the Court's Law, and activate it if need be. #law #judgment #matrimoniallaw #custody

MUSLIM FAMILY LAWS (ON FINGER TIPS ) 1). MUSLIM FAMILY LAW ORDINANCE: Succession (4) Registration of Marriage (5) Polygamy (6) Talaq (7-8) Maintenance (9) Dower (10) 2). MUSLIM FAMILY COURT ACT 1964: Family court & Judge (3-4) Jurisdiction & Sitting(5-6) Institutions of suit (7) Intimation to & written Statement by Defendant (8-9) Pretrial (10) Evidence (11-12-A) Enforcement of Decree (13) Appeal (14) Contempt of Family Court (16) Interim Order (17-A) Transfer of Cases (25-A) 3). GUARDIAN & WARDS ACT : Jurisdiction of Court (9) Form, Procedure (10-11) Production of Ward (12) Matter to determine Welfare of Minor (17, 19) Guardian of Person (24-26) Guardian of Property (27-37) Termination of Guardianship (38-42) Appealable Orders (47,48) Powers of High Court (50) 4). Dissolution of Muslim Marriage Act 1939: Grounds for Dissolution of Marriage (2) Punishment for Marriage of Children (3-5) Jurisdiction & Power (6-7) #law #familylaw #legalhelp #litigation #lawpractice #judiciary #courts #pakistan

MUSLIM FAMILY LAWS ON FINGER TIPS: 1). MUSLIM FAMILY LAW ORDINANCE: Succession (4) Registration of Marriage (5) Polygamy (6) Talaq (7-8) Maintenance (9) Dower (10) 2). MUSLIM FAMILY COURT ACT 1964: Family court & Judge (3-4) Jurisdiction & Sitting(5-6) Institutions of suit (7) Intimation to & written Statement by Defendant (8-9) Pretrial (10) Evidence (11-12-A) Enforcement of Decree (13) Appeal (14) Contempt of Family Court (16) Interim Order (17-A) Transfer of Cases (25-A) 3). GUARDIAN & WARDS ACT : Jurisdiction of Court (9) Form, Procedure (10-11) Production of Ward (12) Matter to determine Welfare of Minor (17, 19) Guardian of Person (24-26) Guardian of Property (27-37) Termination of Guardianship (38-42) Appealable Orders (47,48) Powers of High Court (50) 4). Dissolution of Muslim Marriage Act 1939: Grounds for Dissolution of Marriage (2) Punishment for Marriage of Children (3-5) Jurisdiction & Power (6-7) #law #familylaw

We believe that the more knowledge you have about any/all legal processes you are facing when going into a divorce or separation, the less anxiety you will have overall. The AFCC | Association of Family and Conciliation Courts has a collection of pamphlets, brochures and other resources aimed at answering FAQs about #divorce, #separation, #mediation, and more. Find them here: https://lnkd.in/eBWy3Zx7 #childcustody #familylaw #divorcesupport

LawChef The Delhi High Court: The absence of cruelty findings against a wife in a divorce case does not provide grounds to deny her maintenance under Domestic Violence Act. The Delhi High Court, in a recent ruling, emphasized that cruelty findings against a wife in divorce proceedings should not automatically preclude her from receiving maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal clarified that merely establishing cruelty does not negate the entitlement to maintenance. Additionally, the court highlighted the option for a revision petition to the High Court against orders issued by the Sessions Court under Section 29 of the Domestic Violence Act. This section allows an appeal to the Court of Session within thirty days from the date the Magistrate's order is served on either the aggrieved person or the respondent, whichever is later. The case in question involved a wife contesting a Sessions Judge's decision overturning a lower court's order directing the husband to pay Rs.1 lakh per month for maintenance and compensation. #law #legalnews #legalcontent #legalupdates #lawchef #lawfirm #lawyers #supremecourt #supremecourt #delhihighcourt #domesticviolence #divorce #women #husband #maintenance https://lnkd.in/dfniU5Mj https://lnkd.in/dgRD3r8T https://lnkd.in/dkGtNwQU [email protected]