Residence, Adoption and Access, & Re P

Children Act

Hidden Assets and International Investigations

Residence, Adoption and Access, and Re P Judgements

Harbord & Co acted successfully for Family A, where the father was exceptionally wealthy and of high net worth. The father was seeking residence before the High Court and also requesting that a Re P judgement against his child be set aside.

We were successful in showing that it was not in the child’s best interest for the father not to be granted residence.

We also defended the mother in an A&A application for her child, again arguing successfully that it could not be shown that the application was in the interest of the child. This decision was reported at the annual Family Law Conference as being a decision of significant interest.

Children Act

We were successful in obtaining full custody of the children for the father in this divorce case. We addressed complex international jurisdictional questions including defending applications for interim financial provision against him. Using Children Act proceedings and Financial Remedy proceedings, we were able to preserve the assets of our client, a high net worth individual, for the benefit of the children.

Hidden Assets and International Investigations

Recently we have worked on two divorce cases where significant assets were being hidden in other jurisdictions.

In one case we used Financial Remedy proceedings to obtain orders against banks in this jurisdiction and elsewhere in order to trace hidden assets on our client’s behalf. We also successfully defended applications by the intervener in the proceedings who sought to assert rights on the matrimonial home which would have denied our client access to those assets.

In another case we were acting for the father in the Financial Remedy proceedings and it became necessary to instigate international investigations as significant assets were being hidden in other jurisdictions.

Offshore Assets Outside of the European Union

We acted for both the mother and the maternal grandfather, who was the intervener in this case. It involved complex Divorce, Children Act proceedings and Financial Remedy proceedings with an international aspect. Using Beneficial Trust arguments in relation to offshore assets outside the European Union, we were successful in securing access to those assets for our clients.

Pensions

This case involved a long marriage and when it came to an end, substantial family wealth and possessions had accumulated as well as significant pensions on both sides. We acted for the family in this case and worked with actuaries in order to secure the most appropriate division of these assets.

Insurance on Injuries Sustained in Iraq

Our client was an ex-serviceman who had lost a limb from an IED whilst deployed in Iraq. On his behalf, we addressed questions over whether the insurance payments paid to him for his loss and his future wellbeing should be considered as a “matrimonial asset” on divorce and in Financial Remedy proceedings.

Local Authority Intervention

We are currently working on two cases involving intervention by local authorities seeking to take children away from their families.

In the first case, we are acting for the grandmother of two small children where the mother was murdered by the father. The local authority is seeking to relocate the children.

In the second case, we are advising in High Court proceedings against a local authority who sought to take a child away from the mother at birth. We are also advising on the question of subsequent progeny by the mother.

Murder Outside of the UK

We are advising in this international divorce case which also involves a well-known murder outside the UK. We made successful applications for non-molestation orders and injunctions against the other party. We are also advising other police authorities in relation to the murder and the possible impact on the divorce proceedings in this jurisdiction. This case involves complex Financial Remedy proceedings with cross allegations of theft and depletion of assets both in this jurisdiction and elsewhere.

Comment

We advise clients on privately funded divorces in both the High Court and the Principal Registry of the Family Division as well as in local family courts. Many of our cases require specialist knowledge in other disciplines and we are able to offer advice in those areas as well. If you have a Family case that you would like to discuss, please do not hesitate to contact us but please note that we do not offer legal assistance pursuant to public funding (formerly known as Legal Aid).