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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:

AS v CPW [2020] EWHC 1238: The Court retrospectively grants a time limited relocation of a child wrongly removed to, and retained in Sierra Leone

In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone).

Child abduction during the Coronavirus Pandemic

In Re N (A child) [2020] EWFC 35 the High Court was asked to consider whether judicial delays abroad caused by COVID-19 was a reason to depart from the general practice recommended in the decision in Re S (A Child) (Abduction: Hague Convention) [2018] 4 WLR 108, namely that the court should defer making its own return order until an application under the 1980 Hague Convention has been determined in the other member state.

Child Abduction: is risk of contracting COVID-19 an Art 13 (b) defence to Child Abduction?

Ann Thomas Managing Partner and Paralegal April Buxton summarise this case thought to be the first of many where COVID-19 is used as a justification in law.

The Powers of the High Court in implementing a Child Abduction Summary Return: Re W [2019]

On 22 February 2019 Mrs Justice Gwynneth Knowles handed down judgment in Re W (Children) (Abduction: Implementation of Return Order) [2019] EWHC 357 (Fam); She determined that the High Court did not have jurisdiction to order the mother to apply for a B1/B2 visa to return to the USA with the parties’ two children. 

iFLG hosts the International Family Law Conference 2019

The International Family Law Group LLP and Anthony Gold Solicitors hosted their second annual International Family Law Conference yesterday (21 March 2019) in London.

The conference brought together specialist family lawyers from iFLG and Anthony Gold, as well as barristers who gave practical and updating insights into highly topical areas of international family law.

International Forum on Online Courts London, December 2018: an international family lawyer’s perspective

Professor David Hodson OBE MICArb, Partner, The International Family Law Group, provides a family lawyer’s perspective of the matters arising at the inaugural International Forum on Online Courts.

Declaration of Parentage used in Child Abduction Proceedings

An unusual judgment has recently been made by Mr Justice Williams in G (Declaration of Parentage – Removal of Person Identified as Mother from Birth Certificate) (No2) [2018] EWHC 3361 (Fam).

The case involves a six year old child, known in proceedings as ‘Naomi’ whose original English birth certificate did not record her birth mother and father but only recorded her mother as being a woman who was in a relationship with her father at the time of her birth.

Is it time for the 1980 Hague Convention to be revised?

The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“1980 Hague Convention”) is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH).  There are currently 99 Contracting Parties to the 1980 Hague Convention and it is often lauded as one of, if not the most, successful international family law initiatives. 

Cuba, Paraguay and The Philippines all accede to Hague conventions

On 12 September 2018, the 125th anniversary of the Hague Conference on Private International Law, Cuba, Paraguay and the Philippines each joined Hague Conventions.

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