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Top Ten Myths in International Family Law

There are a lot of myths and misconceptions about international family law issues. Here is our top 10:

Child abduction returns trumped by asylum claims

David Hodson, Marianna Michaelides and Lauren Bovington 

Introduction

What happens when a parent, who has abducted a child to this country and would be ordered to return the child immediately under the 1980 Hague Convention, claims asylum for themself and the child?  Which takes precedence? The English High Court has just dealt with this issue.

Spanish abduction case receives huge media attention

A parental child abduction case has caused a social media frenzy in Spain. The Spanish mother, Juana Rivas wrongfully removed the children aged 3 and 11 in May 2016 from their home in Italy where they lived together with her partner, the children’s father. She is now refusing to return the children following a Return Order made by the Spanish court, citing fears that she and the children will be exposed to domestic violence in the event they return to Italy.

Jamaica joins the international family law community

We were delighted to learn today that Jamaica has joined the 1980 Child Abduction Convention.  In doing so, it has also become the 150th state to be connected to the Hague Conference on Private International Law.  It is the 97th contracting state to the child abduction Convention.  The UK and Jamaica have many historic close family links.  It is therefore beneficial for all families with UK Jamaica connections, and their children, that this international law now applies.

LEPCA II report

On 26-27 January 2017 I attended and participated in the LEPCA II conference in Berlin.

Lawyers in Europe on Parental Child Abduction (“LEPCA”) was set up to bring family lawyers together to discuss commons issues and experiences, exchange ideas, and learn best practices in order to create a platform of specialised international parental child abduction lawyers within the European Union.

iFLG Partner attends and speaks at the LEPCA Conference 2017

We are delighted that on the 26th and 27th of January one of our specialist Children lawyers Helen Blackburn is attending the LEPCA (Lawyers in Europe on Parental Child Abduction) Conference. The conference aims to train lawyers and legal professionals who deal with international child abduction cases under the 1980 Hague Convention, the Brussel IIa Regulation and the 1996 Hague Convention.

 

Could abducting parents face extradition?

By Marianna Michaelides & Lauren Bovington

 

The case of Egeneonu [2016] EWHC 43 (Fam)  came before Sir James Munby, the President of the Family Division of the High Court, this January 2017. The question before the court was relatively simple; whether or not a father’s contempt of court amounted to criminal or civil contempt.

 

Background

 

Pakistan Accedes the 1980 Hague Convention on the Civil Aspects of International Child Abduction

On 22 December 2016, Pakistan’s cabinet acceded to the Hague Convention on the Civil Aspects of International Child Abduction (“1980 Hague Convention”).    This means that on 1 March 2017 Pakistan will be the 96th signatory to the treaty and is expected to become the first South Asian country to do so.

 

Turkey signs 1996 and 2007 Hague Conventions

On Friday 7 October 2016 Turkey signed and deposited its instrument of ratification to the 1996 Hague Child Protection Convention and to the 2007 Hague Maintenance Convention. Both Conventions will enter into force for Turkey on 1 February 2017. After the turmoil in Turkey in recent months these are very welcome developments for that country and excellent developments worldwide.

EU refuses to reform divorce forum jurisdiction but “speeds up” child abduction

The European Union last week, 30 June 2016, adopted the European Commission proposal’s for reform of Brussels II, the Brussels Regulation. 

This is the primary EU family law legislation. It sets out divorce jurisdiction in all member states and provides forum criteria where more than one EU member state is involved. It adds child abduction laws to the 1980 Hague Convention. It provides for the cross EU border recognition of children orders and divorce orders.

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