You are here

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:

Family law leaves the EU: the law on 1 January 2021

Partner David Hodson OBE MCIArb, summarises the law from January 2021 when EU laws will no longer apply in new cases. Second in his series of 3 articles on family law and EU exit.

Family law leaves the EU: the conjunctive or disjunctive interpretation resolved by EU guidance

David Hodson covers the helpful guidance given by the EU last week to resolve differences of interpretation, which has a vital importance for practitioners in their work this autumn and winter in EU cross-border cases.

What is a child’s habitual residence? The Court of Appeal reconfirms the correct approach the court should take to determine this issue

Although the concept of habitual residence plays a crucial role worldwide in determining a family court’s jurisdiction regarding children, it is not defined in statutes, international conventions, or treaties in which it features. 

As a consequence, the meaning of the concept and the manner in which a child becomes habitually resident in particular country has been the subject of extensive judicial consideration, here and abroad.

The UK and the EU co-working for the benefit of the family law community: A New Hope?

David Hodson explores areas where, post Brexit and with the differences behind them of continued membership, the UK and the EU should work together collaboratively for the benefit of international families and to further International family Law. 

This is a work in progress and has been shared with government and with lawyers internationally to prompt discussion and debate.

Diplomatic immunity (again) facing Justice in the Family Courts

A recently decided case has again raised the issue of the position of diplomats before the English family courts, this time in the context of apparent domestic violence to children and local authorities carrying out their statutory duty. 

Tackling child contact problems as England emerges from lockdown: Questions and Answers

From 1st June 2020, lockdown in England has considerably eased, with many children returning to schools and families and friends being given the green light to meet in groups of up to six, so long as observing social distancing rules when outside.

Are all Foreign Adoption orders automatically recognised in this Country?

Not all foreign adoption orders are automatically recognised in this country. Only the following adoption orders are automatically recognised in this country.

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).

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. 

Pages