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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 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.

Winning the race to the divorce court by coming second: CJEU delivers surprising lis pendens judgment

Within EU family law where more than one EU member state has a connection, forum is decided only on who is the first party to lodge proceedings. A recent CJEU judgment however found that a divorce pronounced in the country second seized takes effect even overriding the proceedings in the country first seized with the proceedings. This article examines the case:

Restrictions on international travel if child support in arrears

In some countries (for example, in certain states in America) your ability to travel and obtain a passport can be restricted or temporarily removed if you fail to make payment of child maintenance over a set amount.  In late 2018, changes were made to child support legislation in England (the insertion of s39B to 39G of the Child Support Act 1991) which means that your ability to travel may be impacted in a similar fashion if you fail to pay child maintenance. 

The Do's and Don’ts when relationships begin to strain abroad

DO’s

DO go and see a specialist international family lawyer in the country where you reside as soon as possible. The meeting is for information gathering and confidential. You will feel empowered by doing so.

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 judgment 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.

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