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CA Questionnaire
The document required by the central authority of the government of the United Kingdom in order to give authority for proceedings to be brought when a child has been abducted to this country from another country which is a signatory to the Hague convention. Please complete this and send it to us, preferably by fax and signed on pages 7 and 8. Please contact us if you need any help in completing it.
Download the file 
CAQuestionnaire.pdf ()
The Cohabiting Family in 2011: English law post Jones v Kernott
The decision of the Supreme Court on 9 November 2011 in the case of Jones v Kernot has drawn attention yet again to the state of English law for those who cohabit instead of entering into marriage or civil partnership. It remains a precarious form of relationship because of the relatively high (and early) rate of breakdown in contrast to marriage, and because of the very unsatisfactory outcomes in law on the conclusion of a cohabitation relationship.
Download the file jones_kernott.pdf ()
Tax Guide 2011/2012
For families and couples including on separation and divorce
Download the file taxation2011.pdf ()
Shared parenting
At a meeting this evening in the Houses of Parliament organised by the All Party Parliamentary Group on family law reform, there was a discussion of shared parenthood and the significant involvement of both parents in the lives of children after parental separation. David Hodson was one of the four speakers. He covered the development of a shared residence orders. His speech is attached
Download the file SRO1.pdf ()
Plugging the hole of nondisclosure
David Hodson writes a weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week he has drawn attention to the provision in the Dutch Civil Code which would give a significant disincentive to anyone attempting to hide assets. The opinion piece is attached
Download the file dutchnondisclosure.pdf ()
Practical aspects of marital agreements with an international element
A symposium on international aspects of marital agreements was held this evening, organised by the London Metropolitan University’s Centre for Family Law and Practice in conjunction with 7 Bedford Row. The chair was Baroness Hale. Speakers and members of the panel included Mr Justice Mostyn, Jacky Julyan (also of the South African bar) and Maria Scotland of 7BR Chambers and representatives of the US firm, Miles and Stockbridge, along with David Hodson. He gave a paper on the practical aspects of marital agreements with an international dimension and spoke on how solicitors should deal with these cases and especially the very real problems when recommending a party not to sign. His paper is attached
Download the file maritalagreeinternational.pdf ()
The Four Jurisdictions Conference, Edinburgh, January 2011
Ann Thomas and David Hodson attended the annual Four Jurisdictions conference, held this year in Edinburgh. It combines the jurisdictions of England with Wales, Scotland, Northern Ireland and the Republic of Ireland. There were presentations on marital agreements, self-help measures and relocation. David Hodson’s report of the conference is attached
Download the file 4jurisdictions.pdf ()
UK Internal child relocation
David Hodson writes a weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week he looks at an internal UK relocation case, albeit between England and the far north of Scotland, and contrasts the different law on internal relocation and external relocation with the irony that it is often closer and quicker to travel to mainland Europe than the further extremities of the United Kingdom. The opinion piece is attached
Download the file internalrelocation.pdf ()
EU Enhanced Co-operation Regulation on divorce
On Monday, 20 December, 2010, as family lawyers across Europe were looking forward to the last working week of the year, the EU Council passed a Regulation (1259/2010) about which country’s laws should be applied on divorce and legal separation, the so-called applicable law regimes. The United Kingdom is specifically not a party. It is the historic first “enhanced cooperation” in the European Union. The EU allowed 14 member states to go it alone, without needing and having the support of all EU member states. It creates harmonised rules for determining on the divorce of an international couple which country’s laws would be applied, rather than necessarily the local law of the country where the divorce occurs. It is a very important legislative measure for international families in those 14 countries, for those in the remaining EU countries where international families have a connection with the 14 countries and for all worldwide family lawyers having any EU connections in their cases
David Hodson has written a summary of the content of the Regulation drawing attention to crucial elements for practitioners, clients and future policymakers
Download the file enhancedcoop.pdf ()
Practising in the future
Hannah Budd, an assistant solicitor at iFLG contributes to the weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week as a younger member of the profession she has looked at practising as a lawyer in the future with the likely trends and changes in family law with the significant number of international families and international family law cases. Her opinion piece is attached
Download the file futurepractice.pdf ()
Family law in the clouds
David Hodson writes a weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week he reports and reflects on a fascinating talk given by Andrew Davies, a leading Australian family lawyer based in Perth, on the subject of cloud technology and the impact on family law cases and family law practice. The opinion piece is attached
Download the file clouds1.pdf ()
Warning of collaborative law scam
David Hodson writes a weekly opinion piece on international aspects for Jordans electronic newsletter circulated to thousands of family lawyers in England and abroad. This week he draws the attention of worldwide family law practitioners to a recent outbreak of a scam in the guise of a request to family lawyers to give assistance to a potential client in the context of concluded collaborative law agreement. The opinion piece is attached
Download the file collabscams.pdf ()
Seek help before you help yourself
A commentary by iFLG on the major case of Imerman in July 2010 by the Court of Appeal stopping the opportunity for use in evidence of documents obtained by self help concerning the assets of the other spouse.
Download the file iFLG_Imerman_commentary.pdf ()
Consent to marry in English Law
A paper produced by David Hodson for the International Children conference held June 2010 at the Centre of Family Law and Practice, London Metropolitan University.
Download the file consent_to_marry.pdf ()
Will I be left penniless on my divorce?
A question I am asked on a regular basis is “I am divorcing, how will our assets be divided?” This month’s article looks at what factors are taken into account when a divorcing couple has to separate their financial assets and also considers what the split will be and how that split is calculated.
Download the file will_I_be_left_penniless.pdf ()
English Divorce claims after divorcing in Cyprus/Greece: A second bite of the olive?
This month’s article looks at the situation where a person has been divorced in either Cyprus or Greece but believes they have received inadequate financial provision. It looks at the exceptional remedies available through the English Court.
Download the file english_divorce_claims.pdf ()
Agbaje financial provision after a foreign divorce
“Agbaje financial provision after a foreign divorce: The Supreme Court restores opportunity for international justice”, article published by David Hodson on family law week on the availability to seek financial provision in England even though the divorce may have been granted abroad.
Download the file agbaje.pdf ()
Is your child a pawn in the game of chess?
This month’s article focuses on issues concerning children following the breakdown of a relationship.
It considers some of the issues that parents need to consider following separation. It also provides guidance on how to avoid conflict when agreeing the care arrangements for a child.
Download the file is_your_child_a_pawn.pdf ()
The Greek/Cypriot Divorce
This article focuses on the requirements of the Greek Orthodox Church when a couple have obtained an English decree of divorce.
Download the file greek_cypriot_divorce.pdf ()
Lucy Loizou writing in The Parikiaki
Lucy writes a regular column for The Parikiaki, a leading Greek newspaper.
Download the file image.pdf ()
Court of Appeal decision of Radmacher - An article by David Hodson
David Hodson explains the recent important Court of Appeal decision of Radmacher, giving much greater importance under English law to pre-marriage and other domestic agreements including when it would have been binding on the couple in their own home countries
Download the file radmacher.pdf ()
Myerson - Don’t go there? Setting aside divorce settlements because of dramatic financial changes
This note considers the Court of Appeal judgment of Myerson concerning the prospects of setting aside a divorce settlement because of the dramatic change in the economy. Although the Court of Appeal gave a firm indication that such applications would be unlikely to succeed, nevertheless we consider that there are still good reasons to be cautiously optimistic in seeking to set aside a final family court order where there have been dramatic changes in the finances as a consequence of the recession.
This article by Punam Denley was published by Family Law Week in May 2009.
Download the file myerson2.pdf ()
Child Abduction
This iGuide explains the background to the law and practice
Download the file Child_abduction_2.pdf ()
Child maintenance and support
This is the iGuide on child maintenance and support.
Download the file CSA1.pdf ()
Resolution by out-of-court settlements
This is the iGuide on resolution by out-of-court settlements (coming soon)
Domestic violence
This is the iGuide on domestic violence.
Download the file domestic_violence.pdf ()
Cohabitation iGuide
This is the iGuide on cohabitation
Download the file cohabitation_iguide.pdf ()
Financial provision: orders on divorce
This is the iGuide on financial provision: orders on divorce.
Download the file ADR_orders.pdf ()
Financial Provision: Court hearings
This is the iGuide on financial provision – court hearings
Download the file ADR_court_hearings.pdf ()
Financial provision: considerations for the court
This is the iGuide on financial provisions – considerations for the court.
Download the file ADR_considerations.pdf ()
Financial provision procedure flowchart
This is the iGuide on financial provision procedure (flowchart).
Download the file AR_procedure.pdf ()
Marital agreements
This is the iGuide on marital agreements.
Download the file marital_agree1.pdf ()
Parental responsibility
This is the iGuide on parental responsibility.
Download the file PR1.pdf ()
Child abduction: issues to consider
This iGuide sets out in bullet form lists issues for consideration by parents and by the solicitors in circumstances where it is feared that a child has been abducted, where it is feared that an abduction may occur, where it is not known whether child may be and what to do when the child has been located.
Download the file Child_abduction_4.pdf ()
Child abduction: acting for the party who has abducted the child to England
This iGuide gives guidance on what to do in this situation
Download the file Child_abduction3.pdf ()
Forced marriages
This iGuide explains the background to the recently introduced law to protect ATMs and potential victims of forced marriages.
Download the file forced_marriages.pdf ()
The law on child abduction
This paper sets out the background to the law in respect of child abduction including criminal proceedings, Hague convention proceedings, Brussels II proceedings, cases involving non-Hague countries and practical action. See also the shorter iGuides
Download the file ChildAbduction1.pdf ()
Child relocation: opposing a relocation application
Although English law is very liberal and generous in permitting relocation of children abroad, an application can be successfully opposed in some circumstances and with very careful planning. This iGuide explains what can be done.
Download the file Oppose_relocation.pdf ()
The future of Family Law
This article by David Hodson, commissioned by resolution to celebrate its 25th anniversary, is a light, whimsical yet equally a very serious look into what may be the future of family law in the year 2020, published in the resolution magazine.
Download the file 2020_vision.pdf ()
Costs
“We simply cannot go on as we are. The expenditure of costs on the scale exemplified by this and by too many other such cases is a scandal which must somehow be brought under control.” This quote from the recent case of KSO v MJO [2008] EWHC 3031 (Fam) has again sparked interest because of Munby J’s outspoken comments on the issue of disproportionate costs. This is an article written by Jamie Donaldson and David Hodson published in March 2009 Family Law Journal.
Download the file jenny2.pdf ()
So what sort of ADR is best?
This article looks at the different forms of ADR, out-of-court settlements, and analyses which are more appropriate for which cases, which stages of cases and which clients. It is accompanied by a spreadsheet setting out the advantages and disadvantages of each (see below).
Download the file ADR4.pdf ()
ADR Spreadsheet
Accompanies the article ‘So which sort of ADR is best?’
Download the file ADROptions1_1.pdf ()
War of the Worlds
This is an article by David Hodson published in the Surrey Law Society magazine deriving its inspiration from the HG Wells novel set in Surrey and dramatising the invasion of applicable law from Brussels law reformers
Download the file ApplLawWaroftheWorld.pdf ()
Brussels family law conference for practising lawyers, December 2008
This report by David Hodson gives a background to the conference held by the Council for Law Societies and Bars of Europe on family law within Europe and was originally published in International Family Law magazine.
Download the file Brussels_conference_25.pdf ()
EU Maintenance Regulation
This Regulation is in force from 30 of January 2009 although will not be applied until June 2011. This summary article by David Hodson explains the background.
Download the file EUMaintenance.pdf ()
Pensions with an International Element
Pensions within family law is a complex topic. When there is also an international element, the subject can become exceedingly complex. The issue may arise when there are English proceedings with a foreign pension, foreign proceedings with an English pension and in decisions taken about appropriate forum for the proceedings. The issue may arise before the final order and settlement is made or on implementation and enforcement. This article was published in the Family Law Journal (Legalese).
Download the file International_pensions.pdf ()
Rome III
It seems that the dramatic changes proposed by the EU in July 2006 to introduce applicable law in all family law cases, and originally to be in force from March 2008, have been shelved. They would have fundamentally changed English family law so that we no longer applied our own English law but the laws of many other countries. The opportunity should now be taken to review the jurisdictional basis of Brussels II including the race to issue. This article was published in International Family Law magazine (Jordans).
Download the file RomeIII.pdf ()
EU Mediation Directive
This article, published in International Family Law magazine (Jordans) explains in detail the EU Directive on mediation of 21 May 2008. It applies to family law. It has a three year timetable for implementation. It creates expectations that member states will encourage mediation wherever possible. It is an incredible opportunity for all family law professionals committed to ADR to bring about much-needed improvements and opportunities, both specifically in cross-border work but also in national family law work.
Download the file EU_Mediation_Directive.pdf ()
Brussels II child abduction: Trumping orders
Trumping orders are a valuable remedy when a court to which a child has been abducted within Europe refuses to make a return order.
Download the file trumping_orders.pdf ()
“2020: vision of the future of family law”
Published by David Hodson in the SFLA/resolution magazine June 2008
Download the file 2020.pdf ()
EU Reform Treaty: what impact on family law?
A short article to be published in Family Law magazine, December 2007
Download the file eu_treaty_family_law.pdf ()
Marinos: new definitions of habitual residence and residence for European Union family law cases
Marinos: new definitions of habitual residence and residence for European Union family law cases, affecting opportunities to claim jurisdiction in countries with which a family has close connections.
Download the file marinos.pdf ()
Charman - Sharing in the face of the Dragon
Paper written by David Hodson on the impact and practical application of the Court of Appeal judgement in Charman. This article was published in Family Law Week
Download the file charman.pdf ()
The Family Home: what orders will the court make?
Notes of a seminar given by David Hodson, June 2007
Download the file familyhome.pdf ()
Fairness in Family Law across Europe
A pan European deal or a pandemonium of cultural clashes? Seminar being given by David Hodson at International Society of Family Law conference at Chester University – July 2007
Download the file chester.pdf ()
Whose law is it anyway? Applicable law post Moore
Download the file post_moore.pdf ()
Transparency in the family courts
David Hodson’s response on openness debate as submitted to the Law commission.
Download the file openness_response.pdf ()
Cohabitation reform
David Hodson’s response to Law Commission proposals on a new law on rights for cohabitants.
Download the file cohabitation.pdf ()
Family law and the institution of marriage
A paper given by David Hodson at the World Congress on family law in 2001 on how aspects of the law, practice and procedure can, perhaps unwittingly, detract from respect for the institution of marriage.
Download the file congress_fam_law.pdf ()
Parenting concerns for children at a time of separation
At a time of parental separation, it is too easy for the parents to focus on their own concerns and not on the concerns of the children. This note helps parents to look at the needs and concerns of children at a time of parental separation.
Download the file parenting_concerns.pdf ()
Effects of separation on children at different ages
Children react differently to parental separation at different times in their lives. This note looks at how children of different ages may react.
Download the file effect_parental_separation.pdf ()
Arrangements for children – the court orders and processes
This note describes the sort of applications that can be made to the court and the issues that are taken into account.
Download the file children_court_orders.pdf ()
Appointing a guardian of children
Chapter from a Law Society Handbook on the circumstances in which one can appoint a guardian for one’s children after one’s death, co-written with Gillian Cockburn.
Download the file appointing_guardian.pdf ()
What is child abduction?
Child abduction is a criminal offence. Those abducting a child are vigorously pursued through international cooperation. This short note explains the background.
Download the file what_is_abduction.pdf ()
Brief guide to applying to relocate with your child
A basic introduction about the importance of seeking permission before taking a child to live permanently abroad and the factors the English court will take into account. To the read with the more detailed article on the law on relocation cases, below
Download the file relocate2.pdf ()
List of Hague Countries
The law on relocation cases
This paper sets out the law in relation to applying to relocate with a child permanently abroad. There is a shorter iGuide available.
Download the file relocate1.pdf ()
Taking children on holiday abroad
Hundreds of thousands of children are taken on holiday abroad each year. A number are on holiday with just one parent. Yet the law requires that both parents give permission for a child to be taken abroad, save in certain circumstances. Permission is invariably given but what happens when it is not given or the holiday takes place without permission being requested? This brief guide covers these areas.
Download the file Holiday.pdf ()
Directive ADR
Report of the SFLA/resolution working party of February 2007 into new forms of alternative dispute resolution with a directive element, yet to be finally approved by the SFLA National Committee.
Download the file ADR_workingparty.pdf ()
Family Law Arbitration
An explanation of why England needs binding arbitration, what is arbitration and what are it’s benefits in the family law context.
Download the file arbitration.pdf ()
Directive Mediation
A new form of mediation in which the mediator is empowered to give input and direction, based on legal experience, to help the couple settle their case. The International Family Law Group undertakes all mediation but with its particular expertise and specialism, it is particulalry well placed to provide directive mediation.
Download the file directive_mediation_nlm.pdf ()
Terms of directive mediation
Terms of business for directive mediation based of the standard SFLA terms of mediation practice. Guidance is expected soon from the SFLA/resolution on the use of directive mediation but in the meantime a number of us are using these or similar terms.
Download the file terms_of_mediation.pdf ()
Early neutral evaluation
Sometimes known as private judging, this occurs when a senior lawyer give an opinion on a particular point of law, procedure or outcome, outside the court system but to encourage a resolution. It is on the joint instructions of the lawyers for the two parties. it can be open or privileged. Most often it occurs when a couple are keen to settle but cannot make progress because of a dispute and on which an opinion or evaluation by a senior lawyer might help. This article is based on the directive SDR report. The Internation Family Law GRoup with its particular areas of expertise and specialism is particulalrly wel placed to provide early neutral evaluation.
Download the file early_neutral_evaluation.pdf ()
What is collaborative law?
A new form of resolving cases without going to a final court hearing. The International Family law group undertakes collaborative law. Please contact us for more details.
Download the file collaborative_law.pdf ()
Boundaries of law and mediation
A presentation in October 2000 which looks at different professional aspects of legal representation and mediation
Download the file boundaries_mediation.pdf ()
Is this the time to negotiate; skills and opportunities
Lecture notes which differentiate that various forms of negotiation, the suitability at different stages in a professional career and at different stages in the case and negotiation skills and tactics.
Download the file negotiation.pdf ()
Summary guide to international family law issues
An introduction to a number of the important issues for consideration for international families.
Download the file INT4.pdf ()
Guide to Brussels II
This European wide law was introduced very quickly and with very little prior notice in March 2001 and has had a dramatic effect on the practice of international family law cases ever since. It introduced identical divorce jurisdiction across Europe which is helpful. However it said that whichever party was first to issue proceedings in a European Union country secured priority. It directly encouraged the unilateral issuing of proceedings for tactical, financial reasons. It directly discouraged mediation, reconciliation, couselling and negotiation. This guide deals with the legal background and the procedural steps to be taken, including emphasising he importance of urgent advice.
Download the file Brussels_II.pdf ()
Guide to Brussels II bis
Brussels II was changed in August 2005, primarily dealing with children issues. This note covers the important topics in the revised law with special reference to the impact on international children issues including child abductions and international recognition of child conduct orders.
Download the file brusselsii_bis.pdf ()
List of Brussels II Countries
Download the file brussels_countries.pdf ()
“England expects… not to be confused with Scotland”
This article covers the geographical, the political and, crucially, the family law distinctions within the various countries which make up Great Britain, including the United Kingdom and the Republic of Ireland.
Download the file england_expects.pdf ()
Check list of considerations in forum cases
A list of factors to take into account in deciding where proceedings should take place, the common connecting factors and other issues concerning jurisdiction.
Download the file forum_checklist.pdf ()
Recognition of foreign marriages and divorces and polygamy
A shortened version of the chapter from “A Practical Guide to International Family Law” (Jordans 2008) by David Hodson on the law concerning when England will recognise a foreign marriage, a foreign divorce and a polygamous relationship, and also issues of religious divorces, forced marriages and declarations of marital status.
Download the file recognition.pdf ()
A network of European Family Lawyers Organisations
An article in July 2006 International Family law Magazine calling for the creation of a network of practitioner organisations to allow lawyers in one country to make contact with equivalent lawyers in another country to help a client on an international case.
This has now been launched. See the INFLO pages on this website
Download the file euor_pract_network.pdf ()
Report on March 2005 World Congress on family law in Cape Town
Download the file world_congress.pdf ()
Report on October 2005 Luxemburg EU conference on family law
Download the file lux4.pdf ()
Rome III: The House of Lords report and issues of proportionality and subsidiarity
Article in April 2007 International Family Law magaine looking a the issues considered by the House of Lords in recommending that the UK opts out of the Rome III applicable law draft regulation.
Download the file romeIII.pdf ()
Glossary
A list of family law terminology to help better understand what lawyers are talking about and some of the specific terms used. This Glossary provides general information only. Professional advice should always be taken and we cannot accept any liability for reliance on it.
Guide to divorce procedure
A guide setting out the timetable, forms, court hearings and related issues to getting a divorce.
Download the file divorce1.pdf ()
Guide to getting married
How to do it as far as laws and rules are concerned.
Download the file getting_married.pdf ()
Pre marriage agreements
The present law, in the form of lecture notes, including issues on the drafting and important practice management considerations on whether a law firm should undertake this work.
Download the file pre_marriage_agree.pdf ()
Domestic violence and financial outcomes
A global survey showing those countries which are increasingly referring to domestic violence as a criteria and circumstance to be taken into account in deciding what is the appropriate financial division on the relationship breakdown.
Download the file SA4.pdf ()
Web resources for the English family lawyer and client
An article concerning the various resources now available on the web on family law issues.
Download the file webresources.pdf ()
“Electrifying the Family Courts - IT innovations in family law”
An article in March 2007 Family Law magazine about possible IT changes in the family courts.
Download the file it_family_courts.pdf ()
“Family law Conferences - time to go borrowing again”
An article in SFLA Review on January 2007 about the need to improve English Family Law Conferences and the benefits of borrowing from the Australian equivalent
Download the file australian_conference.pdf ()
Resolution (SFLA) code, new version
The code of practice of the SFLA, now known as resolution, in its much shorter version launched in March 2007.
Download the file Code1.pdf ()
Resolution (SFLA) code, previous long version
The code of practice of the SFLA, now known as resolution, in its longer and amplified version before being replaced in march 2007 by the much shorter version above.
Download the file prev_code.pdf ()
Law Society Protocol
This protocol which applies to all solicitors, and not just members of the SFLA, sets out the standards for family law work in England and Wales. Despite requests so that we could include it here, we have not been sent it in a soft version so it has to be located in pdf format form from the Law Society website.
Australia: One Continent, One Country, One Family Law?
An article in 2005 describing Australia from the geographical, political and constitutional dimensions and then looking at various aspects of it’s family law including differences across Australia and the different court structures.
Download the file australia_expects.pdf ()
Forum law in Australia
The law on jurisdiction and forum in Australia as at 2005.
Download the file aus_forum.pdf ()
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