กฎหมายครอบครัว

No-Fault Divorce — The Divorce, Dissolution and Separation Act 2020 replaced the requirement to prove one of five 'facts' with a simple statement of irretrievable breakdown. There is a minimum 20-week reflection period and a 6-week period from conditional to final order.

Financial Orders on Divorce — The court has wide discretion under the Matrimonial Causes Act 1973 (ss.23–25) to divide assets, considering factors including needs, resources, standard of living, age, duration of marriage, contributions, and conduct. The yardstick of equality applies (White v White [2001]).

The Welfare Principle — In all decisions concerning a child's upbringing, the child's welfare is the court's paramount consideration (Children Act 1989, s.1). The welfare checklist (s.1(3)) guides the court's assessment.

Child Arrangements Orders — Under the Children Act 1989 (as amended), the court can make 'lives with' and 'spends time with' orders (replacing residence and contact). There is no presumption of equal time, but s.1(2A) presumes parental involvement benefits the child unless the contrary is shown.

Parental Responsibility — Defined as all rights, duties, powers, and responsibilities a parent has in relation to a child (s.3 CA 1989). Mothers have PR automatically; fathers acquire it through marriage, being named on the birth certificate (post-1 Dec 2003), or by agreement/court order.

Domestic Abuse Protection — The Domestic Abuse Act 2021 introduced a statutory definition of domestic abuse (including controlling and coercive behaviour), Domestic Abuse Protection Notices and Orders, and a ban on cross-examination by abusers in family courts. Non-molestation and occupation orders are available under the Family Law Act 1996.

Adoption — The Adoption and Children Act 2002 governs adoption in England & Wales. The child's welfare throughout their life is paramount. Parental consent is required unless the court dispenses with it on welfare grounds. An adoption order extinguishes parental responsibility of the birth parents.

International Child Abduction — The Child Abduction and Custody Act 1985 implements the Hague Convention. A child wrongfully removed from their country of habitual residence must generally be returned promptly, subject to limited exceptions.