UPDATE: Back to school – or not?

back to school or not UPDATE

Back to school - or not?

Recently we blogged about Laurence Fox and his claim that he would take his sons out of school should vaccines be rolled out for 12-year-olds on the basis that he feared they would have the Covid jab without his permission.

Now there has been a case in America where a father in New York has been banned, by a family court judge, from seeing his daughter unless he gets the Covid vaccination.

Family Law Associate Melissa Jones looks at the issues.

This is an interesting scenario. In this particular case, contact was not deemed to be in the best interest of the child on the basis that  the father was opposed to the Covid vaccination. The judge was quite strict in his ruling, notably amid a worrying time in the middle of a global pandemic, and made the following comments:

“The dangers of voluntarily remaining unvaccinated during access with a child while the Covid-19 virus remains a threat to children’s health and safety cannot be understated.

“Unfortunately, and to my mind, incomprehensibly, a sizable minority, seizing upon misinformation, conspiracy theories, and muddled notions of ‘individual liberty’, have refused all entreaties to be vaccinated.”

What happens with contact in the UK if a parent refuses the vaccine?

It’s a possible worry for a lot of parents, but not one that has seemingly featured in the family courts in England and Wales. If this was a matter raised by a parent, within the English Courts, those Courts are likely to be guided by Cafcass, the advisory service to the Courts, to prepare an assessment to consider the risk factors and to decide whether contact is actually in a child’s best interest.

Extreme circumstances

In extreme circumstances, particularly if a child is medically vulnerable, Cafcass and the court may exercise caution: but it would be a rarity.  No doubt the Court would also consider NHS guidance and other expert evidence they consider necessary.  Plus, there are now many modern alternatives to face-to-face contact, such as video contact and voice notes, that could mean the parent and child relationship could be maintained.  It is a child’s right to have a relationship with both parents and the Court will want to maintain that relationship wherever possible.

The court application

If the other parent is strongly opposed to their child being vaccinated (not just the Covid vaccine) and they cannot agree on this, then they could apply to the court for a Prohibited Steps Order and/or Specific Issue Order, which are orders that can prevent certain actions being taken by a parent, and/or making decisions on matters that parents cannot agree upon in the exercising of their rights and duties relating to parental responsibility.  Medical issues fall into these categories.

The court will consider the parents’ opinions and the best interests of the children.

Before making an application to the court, it is expected that parents should try and resolve matters as best they can. Parents might wish to engage in negotiation through solicitors, mediation or arbitration before either one makes an application to the court.

The child’s welfare

The child’s welfare is the court’s paramount consideration. If you are faced with a request from the other parent to agree to vaccinate your child, it is best to take a pragmatic approach and decide as to whether you are simply opposed to the idea in general or whether you could perhaps identify some advantages to the move.

With the court considering what is in the child’s best interest, is therefore important for you to do your own research and have the necessary information to inform your decision/position.

If you are unsure about what to do in relation to arrangements for your children, we would advise you to seek specialist independent legal advice from an experienced family lawyer. Please do get in touch today. We’re here to help you.

When Adam met the judge

when adam met the judge

When Adam met the Judge

Adam: “Hi Judge. If you send me and my brothers home, will you give us a bodyguard?”

Judge: “Adam, if I thought you needed a bodyguard, I wouldn’t send you home.”

Partner Nick Hodson has specialised in the law relating to children for more than 20 years. Since 2001 he has been a member of the Law Society Children’s Panel, allowing him to represent children in both public and private law Children Act proceedings.

Here, he relates his experience of being the solicitor for Adam* and his brothers who wanted to meet the Judge who was going to hear their case.

Please be aware that reading some of the details in this story may be distressing.

 

*His name has been changed to protect his identity

This exchange was at a meeting at the Family Court when I took 11-year-old Adam and his brothers to meet the Judge who was going to hear their case.

I was the solicitor for the children. They had been removed from their parents care after the older children had made allegations that they had been physically abused by their parents. The children had said that they had been whipped with computer wires.

The child’s wishes and feelings

In making any decision about a child’s future, their wishes and feelings are a major consideration for the court. They are part of the welfare checklist that the court will review before concluding the case.

How are the children’s views relayed to the court?

Usually, the social worker and the CAFCASS officer will set out the children’s wishes and feelings in their reports. Sometimes, the children will write a letter to the Judge.

It has become increasingly common for older children to ask to meet the Judge. Over the past 18 months, such meetings have had to take place remotely. The Family Justice Council has produced guidance for judges who meet children during family proceedings. The guidelines are designed to encourage judges to enable children to feel more involved and connected to proceedings.

Key points from the guidance

* Such a meeting must be well planned and that everyone has to have a clear understanding of the purpose of the meeting.

* If a Judge decides to meet a child, it is a matter for the discretion of the Judge, having considered representations from the parties – (i) the purpose and proposed content of the meeting; (ii) at what stage during the proceedings, or after they have concluded, the meeting should take place; (iii) where the meeting will take place; (iv) who will bring the child to the meeting; (v) who will prepare the child for the meeting (this should usually be the Cafcass officer); (vi) who shall attend during the meeting – although a Judge should never see a child alone; (vii) by whom a minute of the meeting shall be taken, how that minute is to be approved by the Judge, and how it is to be communicated to the other parties.

* It cannot be stressed too often that the child’s meeting with the Judge is not for the purpose of gathering evidence.

* The purpose is to enable the child to gain some understanding of what is going on, and to be reassured that the Judge has understood him/her.

In the case of Adam and his brothers, at the final hearing the court decided that the parents had been responsible for the physical abuse on all their children.  The children remained in foster care.

The children’s voices had been heard loud and clear.

If you are affected by any of the issues raised here, please do get in touch. We’re here to help you.

McAlister Family Law ranked in Chambers and Partners

McAlister Family Law ranked in Chambers

McAlister Family Law ranked in Chambers

We are delighted to share the news that McAlister Family Law has been ranked in the renowned legal directory Chambers and Partners with several members of our award-winning team also being ranked for their individual expertise, and the practice itself described as comprising “really excellent lawyers – and they are great with clients.” 

Here we share our entry in Chambers:

What the team is known for

A boutique family firm with a growing presence in the Manchester market. Provides varied advice on both matrimonial finance and children matters, including public care proceedings. Regularly handles complex divorce settlements involving extremely high net worth individuals and multi-jurisdictional issues. Advises on matters surrounding complex business and inheritance structures.

Amanda McAlister

Managing partner Amanda McAlister retains her ranking as an “Eminent Practitioner” – an outstanding accolade.

She has deep experience in matrimonial finance cases, often taking on matters involving international clients as well as those that include complex pensions and trusts issues.

“She has bags of experience and super connections which she backs up with her knowledge of the law.”

Fiona Wood

Fiona Wood frequently assists clients with financial remedy proceedings and is particularly adept at advising on cases involving complex business assets.

“Fiona has excellent communication skills and is always excellent on points in cases; she is remarkable.” “Fiona Wood is a formidable, detailed and pragmatic lawyer.”

Nick Hodson

Nick Hodson has a respected family law practice. He is particularly noted for his expertise in public law children matters as well as private law proceedings.

“Nick Hodson is compassionate about what he does and always has the children at the centre of all cases. He is an excellent advocate and negotiator.” “He is well regarded in the public law children arena.”

Paul Webb

Paul Webb advises on a range of children matters including public law issues spanning multiple jurisdictions.

“Paul Webb is excellent. He is reliable, hard-working and very knowledgeable in family public law matters.” “He’s an extremely strong, well-rounded solicitor. He thinks of all the angles and all his cases are well prepared.”

 

Amanda said: “I am incredibly proud of this unbelievably talented and dedicated team of family lawyers. They are the very best.”

Do grandparents have legal rights?

grandparents rights

Do grandparents have legal rights?

When parents separate, disputes in relation to children of the family can not only include estrangement from a parent but extend to wider family members, particularly grandparents who can often be stuck in between parent’s arguments.

What can those grandparents do in such a challenging situation?  Partner Caroline Bilous explains.

Legally speaking, there are no grandparents’ rights, as usually grandparents do not have Parental Responsibility (all mothers and most fathers have Parental Responsibility, which refers to the legal rights and responsibilities a parent in respect of a child, the most important of which are to provide a home and protect and look after a child) in the same way as a parent might have, although they might acquire it if a parent is unable to care.

However, the Family Court recognises that it is in a child’s best interests to maintain good relationships with close family members, particularly grandparents, even if the parent of the child cannot, and as such, a court order called a Child Arrangements Order may be obtained to protect such relationships.

Do grandparents’ rights include the right to see a grandchild?

Grandparents do not have an automatic right to see a grandchild and above all, whatever the relationship between estranged parents, it is important to step back and try to avoid becoming involved in any disagreement, which is hard to do when it is your own child involved. Maintaining good relationships with the other parent goes a long way in avoiding difficulties further down the line.

Can a grandparent apply to the Family Court to see a grandchild?

Yes, but grandparents do not have an automatic right to apply to court to see a grandchild in the same way as a parent may apply to see and spend time with their own child. However, the Family Court would rarely refuse permission (or leave) for a grandparent to make an application, providing there is no good welfare reason why it should not, providing they can show a close and enduring relationship exists. Also, as a family member, permission is not required if a child has lived with a grandparent for a period of one year prior to the application being made.

How can I apply to see my grandchild if I’m being prevented from doing so?

It is important that early advice from an experienced child and family lawyer. Time can be of the essence and leaving matters too long can engrain difficult circumstances. Unless there are urgent circumstances, getting an initial court hearing will take a minimum of four weeks or more in any event, and as a first step, you will be required to attend upon a Mediation Information and Assessment Meeting (MIAM) to see if it possible to resolve matters with the assistance of a Mediator.

What orders can the Family Court make?

The court could make a Child Arrangement Order for a grandchild to spend time with a grandparent, in the same way as it could for a parent. Each family is different though and no two cases are the same. Just because you may have heard that one grandparent has obtained a certain order, it doesn’t necessarily follow that you will.

If you are affected by any of the issues raised here, please do get in touch. We’re here to help you.

Back to school – or not?

Laurence Fox back to school or not covid children

Back to school - or not?

Laurence Fox, who shares two sons, Winston, 12, and Eugene, nine, with ex-wife Billie Piper, has once again hit the headlines, this time in relation to the “anti-vaxx” row. He has claimed he will take his sons out of school should vaccinations be rolled out for 12-year-olds, saying he fears they will have the Covid jab without his permission.

The question is, can a parent remove a child from school in the first place?

Family Law Associate Melissa Jones looks at the options available.

There is no plan – as of yet – for children in schools to be vaccinated before they return to school in September. But were such a plan in place, would a parent be able to stop their children from going to school? Given that there is a central government policy stating that children must attend school, any parent stopping their child from doing so would be appear to be in contravention of this policy, and likely subject to fines.

Mr Fox appears to be suggesting is that he wants to de-register the children and home school them. To do so, he would need the other parent’s permission as they share parental responsibility (given that they were married to one another) and need to make important decisions like education in consultation with one another.

What is parental responsibility?

Parental responsibility is as per section 3(1) of the Children Act 1989 (CA 1989) which confers all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property.

What happens if you cannot agree on home schooling?

If parents cannot agree arrangements for their child or children in respect of their education, they can apply to court for a Specific Issue Order, and the court can address the issue of whether or not a child should remain at their current school or move to the other preferred school (in this case home schooling).

The court application

In the above scenario, if the other parent is strongly opposed to the change of school or home schooling, then they could apply to the court for a Prohibited Steps Order, which is an order that limits when certain rights and duties which can be exercised, such as making decisions about their education.

The court will consider the parents’ opinions and the best interests of the children. The children’s educational development, efficient home schooling techniques and underlying health issues in the family are some of the matters that will be considered by the court when deciding the issue.

Before making an application to the court,  it is expected that parents should try and resolve matters as best they can. Parents might wish to engage in negotiation through solicitors, mediation or arbitration before either one makes an application to the court.

The child’s welfare is the court’s paramount consideration. If you are faced with a request from the other parent to consider moving your child’s school, it is best to take a pragmatic approach and decide as to whether you are simply opposed to the idea in general or whether you could perhaps identify some advantages to the move. With the court considering what is in the child’s best interest, is therefore important for you to do your own research and have the necessary information to inform your decision/position.

Given that children returning to school is imminent – some may have already started the new term – a parent may struggle to get an urgent court hearing, although it may be that the court fixes a date as soon as it can. In the interim, without an order or decision you will need to keep open communication with the other parent.

If you are unsure about what to do in relation to arrangements for your children, we would advise you to seek specialist independent legal advice from an experienced family lawyer. Please do get in touch today. We’re here to help you.

Why autumn is a busy time for divorce lawyers

September busy month for divorce lawyers

Why autumn is a busy time for divorce lawyers

It’s commonly supposed that the New Year is a popular time for disgruntled spouses to make enquiries about filing for divorce, and certainly that’s true, but for the divorce lawyer, this autumn is proving to be just as busy.

Why might this be so?  Associate Aaron Williams explains.

Often it’s down to one or more of three factors:

* Thanks to the summer holidays, families have spent more time together than usual, and in close proximity, leading to fault lines in the relationship being exposed

* Established routines to which everyone is accustomed throughout the rest of the year are disrupted

* For many parents, the cost of childcare throughout the summer, plus the expense of going on holiday, can be a tipping point

It’s fair to say these factors tend to feature primarily in relationships that are already under strain. And we divorce solicitors also receive queries from couples already separated who, after what might have been a tense summer, seek to change the arrangement imposed on them by a family court.  Add into the mix the undeniable tensions created by the pandemic and there’s no doubt many relationships have had their fault lines exposed in a very unforgiving way.

What happens next?

Although the No-Fault Divorce Act received Royal Assent in June 2020, the reforms have not yet come into force. Ministers announced that the Divorce, Dissolution and Separation Act 2020 will come into force on 6 April 2022, allowing married couples to divorce without assigning blame or fault.

This means that your divorce petition must prove the marriage has irretrievably broken down by evidencing one of five, specific, statutory facts:

* adultery

* unreasonable behaviour

* desertion, and you have been separated for two years (in practice, this is rare, and difficult to prove)

* two years’ separation, with agreement by both that there should be a divorce (and it’s worth considering that this two years of separation in itself provides a “cooling-off” period – a time for reflection)

* five years’ separation (the consent of the Respondent is not needed)

Although there is no legal requirement for you to appoint a solicitor to handle your divorce and prepare your petition on your behalf, people who attempt to conduct their own divorces without the support and advice of a solicitor are often not aware of the issues it could present in the future, particularly those relating to finances.

For example, finalising your divorce itself is not the only element to separation. Whilst the finances are inextricably linked, a clean break order is required from the Court to sever your link from one another financially. In the absence of getting a clean break order from the court, your spouse – even after divorce – has the capacity to make an application against your estate.

Therefore (hypothetically) should you win the lottery post-separation, your former spouse could make an application for a portion of your winnings.

The best thing to do is speak to a family law solicitor

Doubtless you won’t be surprised then when I say your best course of action is to seek the advice of a family law solicitor as soon as possible.

Whatever the reason, if you or someone you know needs the support of a Family Law Solicitor this September or indeed at any time please do get in touch. We’re here to help you.

What to do if you can’t agree about your children going back to school

post pandemic back to school

What to do if you can’t agree about your children going back to school

What happens if you want to continue to home school your children, but your ex wants them back in school? In recent weeks we are hearing from parents about strong disagreements on this challenging subject.

Family Law solicitor Heather Lucy looks at the options available.

If parents cannot agree arrangements for their child or children, an application can be made to the court for a remedy. Parents can also apply to court in relation to a Specific Issue, and the court can address the issue of whether or not a child should return to school.

If parents cannot agree arrangements for their child or children, an application can be made to the court for a remedy. Parents can also apply to court for a Specific Issue Order and the court can address the issue of whether or not a child should return to school.

The court application

A Specific Issue Order is an order from the family court to resolve a particular issue in dispute in connection with a child and a Prohibited Steps Order is an order that limits when certain rights and duties can be exercised, such as making decisions about their education.

The court will take into account the parents’ opinions and the best interests of the children. The children’s educational development, efficient home -schooling techniques and underlying health issues in the family may all be considered by the court when deciding the issue.

The court’s guidance to promote an agreement

Before making an application to the court, parents should try and agree arrangements as much as they possibly can.

This court guidance promotes as much communication as possible between the parties to enable parents to consider the children’s best interests. Therefore, an application to court should only be made if there is no hope of an agreement regarding the children’s schooling and very much as a last resort.

The court’s ability to hear an urgent specific issue application

Unfortunately, because of the pandemic and the resultant backlog of cases, there is still little time for the courts to deal with these issues; even if the case is an urgent one, there is no guarantee that the court will be able to hear the case before the children are due to go back to school. This may leave parents in limbo and wondering what to do. Mediation can be an option to see if an agreement can be reached, but both parents must agree to that route, so seeking legal advice may assist them as they attempt to reach that agreement.

If you are unsure about what to do in relation to arrangements for your children, we would advise you to seek specialist independent legal advice from an experienced family lawyer.

Please get in touch today – we are here to help you.

Beyond Group targets strategic growth as turnover hits £7.5 million

Beyond Group targets strategic growth

Beyond Group targets strategic growth as turnover hits £7.5 million

Beyond Group, encompassing specialist practices McAlister Family Law and Beyond Corporate continues strong growth with increased revenue and Group-wide recruitment.

Manchester and Cheshire-based Beyond Group has announced a 20% increase in annual turnover to £7.5 million with multiple, Group-wide new recruits up to partner level, and key promotions.

The Group currently comprises corporate law practice, Beyond Corporate and specialist family and children law practice, McAlister Family Law, both of which have grown exponentially despite the challenges of the past 18 months, in response to an increasing demand for the Group’s services.

Now in its fourth year of trading, Beyond Group began as a specialist concept which would bring corporate and consumer legal services together, a concept which has rarely been successful in the UK but which Beyond Group has undoubtedly achieved. Many firms offer an effective corporate law service, and there are many flourishing consumer law practices, but few bring corporate and consumer together on the same scale, and with the same success, of the Group.

“A significant part of our success has been bringing in the right people to run the specialist practices,” said Matt Fleetwood, founder and head of Beyond Group. “Jim Truscott, head of our corporate practice and Amanda McAlister, head of our family law practice, have both worked in top international law firms and were excited about what we could achieve together. The Group’s success clearly demonstrates that what we offer is what clients – and lawyers – want.”

There has been a significant number of new people recruited and new practice areas launched: top litigation lawyer Dónall Caherty has been brought in to head the Group’s dispute resolution team, and he has been joined by Oisin Quinn and Matthew O’Brien. The Group’s highly rated employment team has been bolstered by the recruitment of director Lucy Flynn, and Beyond Corporate’s real estate team has grown with the recruitment of partner Owen McKenna and specialist construction associate Moe Yassin. McAlister Family Law has recruited two highly experienced partners, Ruth Hetherington and Caroline Bilous, further developing its private children law team.

And in the Group’s latest development, renowned conveyancing lawyer Sarah Edwards has been brought in, to head soon-to-be-launched Beyond Conveyancing, which has been developed in response to demand for conveyancing services from existing clients, and multiple enquiries from the wider market, including probate lawyers.

Matt added: “We asked our people, and our wider community, what they wanted from us and we have responded to their needs. As a result, the Group’s Manchester and Cheshire offices have undergone a full refurbishment, specifically designed to create a dynamic and inspiring working environment. And, unlike the majority of law firms throughout the UK, the Group did not make a single redundancy, nor ask its people to take a pay cut and did not furlough any employees throughout the pandemic. We are currently shortlisted for Lockdown Business of the Year in the Greater Manchester Business Awards, and I think that says a lot about how much we take care of our people, and our clients.”

Amanda McAlister, who leads the award-winning McAlister Family Law, said: “The great thing about the Group is that it is made up of specialist, independent practices which collaborate at strategic as well as operational levels, as well as cross-referring and consulting on multi-discipline cases. Culturally the wider Group is brilliant for our young people – they benefit from a strong mentoring programme, diverse forms of networking and are part of a dynamic organisation with human perspective at its heart.”

Jim Truscott, who heads Beyond Corporate’s corporate law team, added: “The Group and its practices continues to attract high calibre clients, and its growth is down to the ever-increasing demand for its services. Our people are best in class: committed, enthusiastic about our plans for growth and all of them play a vital role in making the Group such an exciting place to be.”

Matt added: “The calibre of our people is outstanding. Our culture is one where we work hard and support one another, and that culture really came into its own during the multiple lockdowns and its significant challenges. Now we’re about to launch the third specialist practice within the Group and are looking forward to announcing further recruitment and growth in the autumn – watch this space!”

How to have a happy holiday when you’re separated parents

How to have a happy holiday when you’re separated parents

This year more than most, the summer holidays for separated parents can be a difficult and confusing period. Trying to agree if one or both of the parents should be able to spend time abroad with the children can prove to be a tricky subject.

Associate Melissa Jones examines the issues.

Any difficulties in the relationship may well be those of the parents, but it is the children who can reluctantly find themselves in the midst of adult arguments, confused that those to whom they look for guidance are not getting along and often incorrectly blaming themselves for either parents’ upset or even anger. It is easy and perhaps natural for a parent going through such a difficult time to concentrate on themselves at these times, but it is very important if trying to sort arrangements out amicably, not to lose focus of a child’s needs or emotional well-being when they may already be feeling overwhelmed and trying to understand why their parents might not be friends, as well as distress and confusion about their new family circumstances.

The child’s best interests

If charged with deciding, the court will determine matters in accordance with what is in a child’s best interests. As such, and even if it is not what you want to hear personally, try to listen to your children. They may well help you in taking a step back from your own bubble and decide what’s best for them.

Open lines of communication

Good forward planning and open lines of communication with the other parent are essential when working towards organise your children’s summer holiday. Despite past difficulties, there are families who are able to work together to the extent that they can spend a summer break together, although sadly this is not the usual situation. However, regardless of whether you and your former partner are on good terms or not, taking time to come to a mutual decision about what’s best is without doubt the best way forward: from agreeing a safe destination that both parents are happy with to arranging how and where the children are going to spend time with each of their parents over the holiday period, it is by maintaining these open lines of communication that you will achieve a good outcome.

We have seen arrangements agreed where the separated parents have both gone to the same resort or holiday area, and the children have spent one or two weeks with one parent and then spent another week or two with the other parent, meaning that travel arrangements are simplified and there is the smallest amount of disruption possible.

It isn’t easy but it needn’t be difficult either. A little bit of willingness to accommodate the other parent’s request – when they can get time off from work, or if there is a holiday home owned by relatives and can you take a break in the same region to make things easier – can go a long way. Here are McAlister Family Law we encourage our clients not just to try to achieve a respectful divorce, but to remain respectful of one another in the years after that divorce. If you can each try to give a little in order to reach an agreement that will suit everyone involved, particularly your children, in the long run you will be glad you did so.

If you are affected by any of the issues outlined here, please get in touch today. We are here to help you.

Why is it safe to arbitrate?

arbitration

Why is it safe to arbitrate?

The Family Court is strongly in support of the parties using Arbitration as a means of alternative dispute resolution (ADR) for financial matters so that cases can reach resolution in a speedier manner.  Partner Liz Cowell explains.

 

18 months into the Covid-19 crisis and practitioners are finding that contested proceedings for financial settlement following a divorce are taking many months, if not years, to resolve.

This is partially because the Family Court is flooded with urgent Children Act cases and applications for protection from domestic violence.  These cases are understandably given precedents over financial matters and have increased during the pandemic.

Consent Order

The process itself to obtain financial relief from the court is a one-size-fits-all, the parties having to attend at least two court hearings before the case proceeds to trial, when they find themselves unable to agree a Consent Order.

Due to the overburdened family list, hearings are frequently “bumped” usually for the benefit of urgent Children Act proceedings.

Arbitration

It is the case that the Family Court itself is strongly in support of the parties using Arbitration as a means of alternative dispute resolution (ADR) for financial matters so that cases can reach resolution in a speedier manner.  When an arbitration takes place, an award is made by the arbitrator which is then turned into a Consent Order which the court will ratify.

The advantages of using arbitration is that it provides complete privacy, there is consistency, it is a speedier process and although the arbitrator needs to be paid it is cost efficient as there needs to be far less attendance at court and the process can be fine tuned to each and every separate application.

The Family Court’s support for arbitration could not be more clearly set out than in a recent High Court decision of Mr Justice Mostyn A -v- A [2021] EWHC1889 (FAM).

In this case the husband, who had agreed to arbitrate then chose not to be bound by the arbitrator’s decision and tried to get the matter set aside, using an expensive route to appeal to the High Court.  He failed.  Mr Justice Mostyn set out clearly in his judgment the correct way to pursue a challenge to an award – and he also found for the wife.

Hopefully his decision will help to persuade the parties that the process of arbitration provides closure, and the common excuse of some practitioners – that there is no proper means of appeal – has been finally put to bed.

Mostyn J emphasised a previous High Court decision of Lady Justice King in Hayley -v- Hayley [2020] EWCACIV1369 which confirms that a “challenge to an arbitral award should be dealt with broadly the same way and subject to the same principles as a financial remedy appeal in the Family Court from a District Judge to a Circuit Judge” and that this was how he was going to proceed to deal with the husband’s various applications before him.  He helpfully added an Appendix to his judgment which gives clear guidance to practitioners as to how to challenge an Arbitral Award, thus giving practitioners protection before proceeding in this manner.

If you are affected by any of the issues raised here, please do get in touch today. We are here to help you.

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