case commentary

Consent before birth? Reflections on T v S [2025] EWHC 3581 (Fam)

In T v S [2025] EWHC 3581 (Fam) the High Court considered whether a parent can give valid consent to a child’s relocation before the child is born. Kesha Pabari acted for the respondent mother in this case and examines the court’s approach to consent under Article 13(a), the realities of parental discussions during pregnancy, and the wider context of Hague Convention defences.

Sea change or same again? Reflections on Cusworth J’s recent consideration of conduct

Joe Ferguson and Katy Halliday examine the evolving approach to conduct in financial remedy proceedings, exploring tensions between established case law and procedural limits. Drawing on two of Cusworth J's recent judgments, they consider whether the courts are beginning to take a broader, fairness-based view of conduct – and whether a genuine shift may be underway.