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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:

The Supreme Court of Canada provides crucial and long awaited guidance on determining a child’s habitual residence

On Friday (20 April 2018) the Supreme Court of Canada in the case of Office of the Children's Lawyer  v. Balev 2018 SCC 16 provided crucial and long awaited guidance on determining a child’s habitual residence.  The Canadian Supreme Court has intentionally harmonized its approach with that of our own court and many others around the world.

Court of Appeal reinforces focus on the children's needs, not source of risk, in Art 13(b) 1980 Hague Convention

On 27 March 2018 Lord Justice Moylan and Lord Justice Peter Jackson handed down judgment in Re W [2018] EWCA Civ 664. It said in its first paragraph that case was “unusual” because as a consequence of immigration difficulties, the mother was willing to return with the children, but may be unable to do so due to having no right to re-enter the USA.  The father would also experience difficulty re-entering the USA if he left to visit the children.

The mother appealed an order that their children should be returned to the USA in accordance with the 1980 Hague Child Abduction Convention (potentially) without her.  

The appeal was allowed and the order that provided for the return of the children to the USA, without the Respondent mother in the event of her visa application being refused, was discharged.

Brexit and child relocation

The UK's decision to leave the European Union sent nervous tremors amongst the millions of EU nationals who currently call the UK their home. Some are comforted by the government's assurances that those currently living in the UK may stay after it withdraws from the EU on 29 March 2019, but for many the ongoing negotiations between London and Brussels casts a grey cloud over their immigration status.

In the matter of C (Children), [2018] UKSC 8;

Summary

The UK Supreme Court handed down judgement on 14 February 2018 in Re C (Children), [2018] UKSC 8. The appeal was allowed by a majority decision. The decision of the Supreme Court is significant for international children law as it effects international parents who relocate with their children.

Brexit and international child relocation

 

The UK has voted to leave the European Union. This decision will have many unforeseen consequences for the UK.  But what might be the implications for parents and their children wishing now to leave the UK? 

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.

Scotland Decides: The Impact of Independence on Anglo Scottish Families and Family Law

What if Scotland decides on 18th September to vote for independence? No one will decide on family law reasons. But what might be some family law implications for the Union and for Anglo Scottish families of which there are very many?

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