A former wife with care of the children has no right under the Child Support Act 1991 to enforce her former husband’s liability to pay maintenance, but these provisions are still consistent with the right of access to a court (Art.6 ECHR)
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HL decided that a person illegally present in England and Wales under the Immigration Act 1971 could still be habitually resident within the jurisdiction for the purposes of s 5 (2) of the Domicile and Matrimonial Proceedings Act 1973 and have a domicile of choice there, and consequently the English Courts could entertain her divorce petition.
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In considering whether a child ought summarily to be returned to his home country, being a non contracting Hague Convention country, for a decision to be made as to his future residence, the fact that the family law procedures of that country differ from those of the UK is relevant, but the extent of its relevance depends on the facts of the particular case. The welfare of the individual child is paramount and the specialist rules and concepts of the Convention do not apply by analogy.
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Where an unmarried couple begun fertility treatment by donor sperm together, but a child was conceived after their separation, the couple were not receiving treatment "together" at the time of insemination and the man could not be treated as the father under the Human Fertilisation and Embryology Act 1990 s.28(3).
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