As I am sure most family lawyers would agree, it is always worth listening to Mr. Justice Mostyn. Recently the Hong Kong Family Law Association were treated to a speech by him on the subject of judicial discretion, and I wanted to share it with readers of this blog.
For the benefit of non-lawyers, judicial discretion refers to the situation in which the judge can apparently make any one of a range of possible decisions, having regard to the facts of the case. That is not to say that there are no limits upon what the judge can order, just that the decision can be anywhere in between the limits. As Mr Justice Mostyn explains, judicial discretion apparently exists in several areas of family law, but readers of this blog are perhaps likely to come across it in its most obvious form in the realm of financial remedies following divorce, where the judge can (seemingly) divide the assets in any way that he or she sees fit.
Full Article: Stowe Family Law