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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:

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.

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.

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

 

Replacing the Apostille – an overhaul of legalisation in the EU

The present method for public documents to be authenticated for the purposes of being presented to a foreign jurisdiction is by way of an Apostille, a certificate of legal authenticity. An Apostille certificate is issued by government, attached to a legal document and confirms that the stamp, seal or signature on that document is genuine.  It can be a fairly complicated process.

The process is found in the Hague Convention of 5 October 1961 and EU regulation 1024/2012

iFLG sets up Brexit family law helpdesk

The International Family Law Group LLP (iFLG) have today launched a free Brexit family law helpdesk to provide information for family lawyers here and abroad and those involved in family court proceedings about the impact of Brexit on family law.

Brexit and national family law

This note sets out some preliminary reflections on the impact on domestic, national family law of the UK voting to leave the EU.

Brexit and international family law

This note sets out some preliminary reflections on the impact on international family law of the UK voting, by a close majority, to leave the EU.

EU Court Decides Best Interests Test as Forum for Child Maintenance

The European Court of Justice (CJEU) has handed down a judgement giving a very important ruling on forum in child maintenance claims, particularly when there are divorce or other proceedings in another EU member state.  In doing so it has followed a fairly radical Opinion of the CJEU Advocate General and given priority to the best interests of the child in a finance dispute claim.  It has said that child maintenance claims should be brought in the jurisdiction of parental responsibility proceedings (where the children are habitually resident) even if there are other divorce or divorce related finance proceedings continuing in another member state.

Parenting concerns at a time of separation

At a time of breakdown in the relationship between adults who are also parents, it is too easy for the needs of the children to be overlooked. However children need help too and parents often need help to do their best for their children at such a time.