01483 826 470

 

Blog

Picture of a lawyer

After several successful years of working in commercial law, solicitor Richard Gregorian chose to move to family law through his own personal experience with defending a Leave to Remove application. Together with Gavin Emerson, psychological strategist, GE Law offers the best possible skill set to achieve resolution in family breakdown.

English Family Courts in top Five for Most Generous Spousal Maintenance

Although there has been more emphasis put on ex-spouses to provide for themselves financially following a divorce, a recent study has found that settlements made by the family courts in England and Wales are one of the most generous in the world.

Continue reading
  1807 Hits
  0 Comments
1807 Hits
0 Comments

Divorce Judge Hands 90% of Family Savings to Stay at Home Mum

A divorce judge has granted a woman who quit her career to care for her children the vast majority of the family fortune. Jane Morris left her career as a recruitment consultant so that her husband could continue his high-flying career for over 20 years.

Continue reading
  1812 Hits
  0 Comments
1812 Hits
0 Comments

Divorce Expert Warns About Social Media use During Divorce

A divorce expert has warned of the dangers that can arise from using social media when going through a divorce. A representative of Consensus Collaboration has stated that social media posts could affect both the financial and emotional outcome of a separation.

Continue reading
  1845 Hits
  0 Comments
1845 Hits
0 Comments

Cohabiting Couples Losing out Based on Bereavement Benefits

A new study has revealed that unmarried couples living together are being ignored by the National Insurance system despite the fact that more than six million people cohabit.

Continue reading
  1914 Hits
  0 Comments
1914 Hits
0 Comments

“Divorce Day” Reporting Should Refocus on Finding Solutions

Although some have claimed that the start of January, or the third Monday in January is the busiest day for law firms regarding divorce, the family charity, Resolution, has stated that they have little evidence to support such a statement.

Continue reading
  1657 Hits
  0 Comments
1657 Hits
0 Comments

No “Gay Adultery” Law in the UK

A woman was unable to divorce her husband citing adultery because he had affairs with men rather than those of the opposite sex.

Continue reading
  2171 Hits
  0 Comments
2171 Hits
0 Comments

Season's Greetings from Gregorian Emerson Family Law Solicitors

Season’s Greetings and our very best wishes for a happy and prosperous New Year from everyone at Gregorian Emerson Family Law Solicitors.

Continue reading
  2219 Hits
  0 Comments
2219 Hits
0 Comments

Fee Waived for Civil Partnership to be converted to Marriage

Same-sex couples currently in a civil-partnership will not pay a fee for converting their civil partnership to a marriage, beginning 10 December for one year .

Continue reading
  2684 Hits
  0 Comments
2684 Hits
0 Comments

Launch of New Child Maintenance Service

A new Child Maintenance Service was launched this week (30 June 2014). The new system is design to provide greater support and encouragement for separated families to reach an agreement on child maintenance payments in order to allow more time and resources to be dedicated to the most extreme cases.

Continue reading
  2248 Hits
  0 Comments
2248 Hits
0 Comments

Leave to Remove and the Payne Discipline – Breaking the Impasse

In this two-part article Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors explain the difficulties they perceive with the arguments relied on by critics of Payne v Payne and why the focus in defending these critically important proceedings should be on ensuring due process. The second part of the article will appear next week.

Continue reading
  29188 Hits
  0 Comments
29188 Hits
0 Comments

Leave to Remove – Improving Due Process

Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors argue that the focus in defending leav to remove proceedings should be on ensuring due process.

Continue reading
  11281 Hits
  0 Comments
11281 Hits
0 Comments

S (Children) [2011] EWCA Civ 454: Leave to remove/international relocation

Showing how unique the circumstances can be in these types of cases, the leave to remove application was by the father in this instance and related to 2 children aged 16 ½ and 12. At 1st instance, the father was granted permission to relocate with the children even though mother had residence and was the primary carer and he only had the stereotypical alternate weekend and one day midweek contact. Both children expressed a wish to relocate to Canada with their father. Indeed after the permission was granted the eldest left so the application was essentially whether the youngest should also be allowed to relocate. That depended upon an assessment of the youngest child's needs quite separate from the understandable driver of keeping both siblings together. On that basis it was held that the child the subject of the appeal (“C”) should remain in England.

Continue reading
  8651 Hits
  0 Comments
8651 Hits
0 Comments

Re D (Children) [2010] EWCA Civ 50: Leave to Remove/International Relocation


Continue reading
  15198 Hits
  1 Comment
Recent comment in this post
Guest — Lance
Hi I understand that the Payne v Payne precedent is the hurdle that any 'left behind parent' must overcome. My concern is that o... Read More
Monday, 16 December 2013 08:40
15198 Hits
1 Comment

Re AR (A Child: Relocation) [2010] EWHC 1346

This is often quoted as the case which confirms judicial unhappiness with the current Payne V Payne discipline in deciding leave to remove cases.

Continue reading
  4628 Hits
  0 Comments
4628 Hits
0 Comments

Re (A Child) [2010] EWCA Civ 1137: Leave to Remove/International Relocation

This was a full appeal hearing by a father who had been unsuccessful in opposing the applicant mother's relocation application to Australia. This case is important because it looks at the effect of whether due process evidentially had been respected. There had been no CAFCASS report and the father alleged the mothers mental health had not been so serious as to persuade him from making an application to remove the child from mother’s care.

Continue reading
  4502 Hits
  0 Comments
4502 Hits
0 Comments

W (Children) [2011] EWCA Civ 345: leave to remove

This case is important important for a number of reasons.

Continue reading
  8650 Hits
  0 Comments
8650 Hits
0 Comments

The case of R & another v A [2011] EWHC 1158 - Leave to Remove/International Relocation of Children

Following a recent intensity in the number of leave to remove cases, the case of R & another v A was decided by Sir Nicholas Wall, The President of the Family Division.

Continue reading
  219948 Hits
  0 Comments
219948 Hits
0 Comments

Implications for testing in London Borough of Richmond v B and Others

Proving "Alcoholism" (Alcohol Dependence Syndrome) in Family Law: the Implications for testing in London Borough of Richmond v B and Others [2010] EWHC 2903 (Fam) (Mr Justice Moylan)

Continue reading
  6672 Hits
  0 Comments
6672 Hits
0 Comments

C (A Child) [2011] EWCA Civ 72 – Leave to Remove/International Relocation

This case is another illustration of the fact that if judges have concerns about granting permission for relocation-in this case on the grounds of the applicant mother's negative feelings towards the father then it will balance out the maternal distress argument in order to allow the unique features of that case.  This case was a permission to appeal case which meant that the applicant mother did not even get off the blocks in seeking to reverse the trial judges refusal to permit the child concerned to relocate in order that she could live with her English born husband who had lived in Australia for 23 years.

Continue reading
  4952 Hits
  0 Comments
4952 Hits
0 Comments

Instructing mental health experts in family court proceedings

In order to best instruct and interact with a court-appointed expert psychiatrist or psychological strategist in family law proceedings, your legal adviser must not only have sufficient expertise to understand how those professionals approach their task but also how the subject matter of their assessment (be it one or both of the spouses, cohabitees or parents) may also approach what is essentially a high-stakes, involuntary assessment of their mental state/personality. 

Continue reading
  6317 Hits
  0 Comments
6317 Hits
0 Comments

Contact us


Please let us know your name.

Please let us know your email address.

Please enter a valid telephone number

Please select one option.

Please select one option.

Please let us know your occupation.

Please let us know your selection.

Please let us know your message.

Call now to arrange a consultation01483 826 470