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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:

Domestic Abuse: Protecting Children in the Family Court

On 2 October 2017, an amended practice direction came into force in the family courts: Practice Direction 12J Child Arrangements and Contact Orders: Domestic Abuse and Harm (PD12J).

Are covert recordings starting to ‘bug’ the Court?

Covert recordings are now an increasingly common feature of family law proceedings.

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.

A stark example of the challenge faced by courts when balancing competing rights in child contact cases

By Helen Blackburn & Lauren Bovington 

On 15 November 2017 the Court of Appeal will determine the matter of J v B (ultra-orthodox Judaism: Transgender) [2017] EWFC 4. The case was decided by Mr Justice Peter Jackson in January of this year.

Child Support Symposium, Heidelberg June 2017

iFLG Partner, Lucy Greenwood, has been involved in promoting the Hague Convention of 23 November 2007 on The International Recovery of Child Support and Other Forms of Family Maintenance and The Hague Protocol on the Law Applicable to Maintenance Obligations. Lucy first spoke about this topic at The Hague Convention Conference in Hong Kong in 2015.  Following her presentation at that conference, she and others at IFLG have maintained links with various international experts who advise on child support and The Hague Conference (HCCH).

Paternity Fraud; Cheating the Child and Deceiving the Father

Paternity fraud is when a mother tells someone that they are the father of their child in order to illicit some benefit from him. This is usually financial benefit but in some cases can be more. In a recent criminal matter, a mother in Liverpool has been convicted of fraud for faking a DNA test to fool an ex-lover into thinking that he was the father of her child. At court, she claimed justification that she had wanted her child to have a father figure.

Crucial Developments Concerning Canada

We are delighted to confirm that Canada signed the 1996 Child Protection Convention and the 2007 Child Support (Maintenance) Convention yesterday (23 May 2017) in a ceremony that took place in the Netherlands.   In doing so Canada became the 49th and 37th contracting states to the respective Conventions.  

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.

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