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EU Case Law: iFLG stands up for Access to Justice

In February 2020, the UK government said it would be leaving EU laws on final departure from the EU on 31 December 2020.  But what should be the status of existing case law from the European Court (CJEU)? 
Specifically, which level of courts should be able to depart from it?  There was a consultation over the summer.

Family Law Leaves the EU: A summary guide for practitioners - published today

This new book published today, expains Family Law in leaving the EU. Every practitioner should have a copy.

'Family law leaves the EU: A summary guide for practitioners'

This is a new textbook published today, 20 October 2020, by LEXIS-NEXIS and written by one of the world’s leading family lawyers, Prof David Hodson OBE MCI Arb. 

Family law leaves the EU: Still relying on EU laws after all those years

David Hodson OBE MCIArb in his third article on family law leaving the EU looks at transitional arrangements.  It will be possible to rely on EU laws for very many years to come but take action before 31 December 2020.!

David Hodson runs Masters Module in International Family Law at The University of Queensland - remotely from Surrey

Prof David Hodson OBE MCIArb will be running again this year an International Family Law module on a Masters degree course in Current Issues in International Law (Private) at the University of Queensland, Brisbane, Australia.  But this time the lectures will be presented remotely to the students in Brisbane and elsewhere, by David from his home in Surrey.  The University of Queensland, like many academic institutions around the world, has remote courses at present.

Recorded Podcast with iFLG, London UK & Nicholes Family Lawyers, Melbourne Australia

Recorded by Partners David Hodson OBE MCIArb and Stuart Clark.

While these current times are certainly difficult, it is truly wonderful that we have been able to come together with Nicholes Family Lawyers and create this Podcast as an informative and valuable tool for those most at risk and vulnerable in our international community due to COVID-19. 

Oh Calderbank: which approach is the fairer of them all? Contrasting the English and Australian positions on costs offers

In the recent Australian decision of Laniga and Carron (No. 2)1 a costs order was made against the husband following the final financial order being more favourable to the wife than various without prejudice offers made by her and rejected by him. In contrast, an English court would have been unable to take the without prejudice offers into account and therefore would have been unable to make costs order on a similar basis.

A reminder (from abroad) on the importance of complying with court orders

In Senna & Aldenberg & Anor [2018] FCCA 2711, a mother of two (aged approximately eight and nine years old) and her own mother (the grandmother) were imprisoned following their failure to comply with Orders of a Family Law Court in Australia.  As a similar approach could be taken by an English Family Court for failure to comply with comparable orders, the decision serves as a reminder of the importance of complying with court orders and the likely response of the court if an

Marital or relationship agreements: Liability of lawyers to the other party!

By David Hodson & Sarah Basso 

Australia ends requirement to file exhibits at the family court: should England and Wales follow suit?

A recent change in the rules of the family court in Australia ends the requirement for exhibits both generally and specifically to be filed at the court.  Should England be following suit?  They take up a huge amount of space in the paperwork at the court office.  They are often duplicated in the bundle which is filed the court for any hearing.  Many of them are never looked at again after filing.  This article looks at what could be procedural reform in England.

Divorce forum disputes: when dual nationality may not be a possibility

Overview

As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important.  It is sometimes based on nationality.  But some countries prevent citizens having nationality of more than one country.  International family lawyers need to be aware of which countries allow or prohibit dual nationality

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