A Practical Guide to ‘Stranded Spouses’ in Family Law

Author: Mani Singh Basi
Publisher: Law Brief Publishing
ISBN: 9781914608872
Published In: May 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The existence of ‘stranded spouse’ cases in family law has existed for many decades. The issues that emerge in stranded spouse cases are complex in nature but also emotive. In the family law context, stranded spouse cases can raise issues that practitioners and the courts of England and Wales have to grapple with in a sensitive and effective manner This is because ultimately, the court is concerned on the welfare of the subject children who may be caught up in a practice which is a form of domestic abuse and the welfare of the subject children is as a consequence, impacted upon.

This book will provide practitioners a toolkit as to how the courts of England and Wales deal with the vast amount of issues that arise in stranded spouse cases. In particular, this book will outline the strategies practitioners can adopt when representing either parent or the subject children throughout each stage of proceedings. This book will illustrate the powers that can be utilised by virtue of the inherent jurisdiction. In particular, this book will consider the following practical considerations for practitioners:

The definition of stranded spouses and the case law relating to this area of the law
The use of the inherent jurisdiction in stranded spouse cases
The use of wardship in stranded spouse cases
The powers and purpose of the High Court and orders that can be obtained such as Tipstaff orders, disclosure orders and return orders
How to effectively represent applicants, respondents and children in these types of proceedings
The format of court hearings and how to deal with certain issues within the court arena, and Representing vulnerable clients and participation of parties in stranded spouse cases

Chapter One – An Introduction to Stranded Spouse Cases

Chapter Two – Defining Stranded Spouse

Chapter Three – Stranded and Separated and the Inherent Jurisdiction of the High Court

Chapter Four – Stranded and Separated From the Children

Chapter Five – Stranded With the Subject Children

Chapter Six – Being Stranded With the Perpetrator

Chapter Seven –

Participation of Parties in Stranded Spouse Cases

Chapter Eight – Outcomes in Stranded Spouse Cases

Chapter Nine – Conclusion