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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:

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.

Only four months left to obtain English pension sharing orders from abroad

Authors Michael Allum and David Hodson OBE MCIArb.

At the moment a couple living and divorcing abroad but with a UK pension can share that pension.  But not necessarily from 1 January 2021.  This summary article acts as an important reminder to practitioners and individuals dealing with these issues to take urgent steps to obtain orders before the end of 2020. 

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.

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.

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. 

Financial provision after foreign divorce: is it time to reform the leave/permission procedure?

iFLG partner Michael Allum reviews the English family court’s power to make financial orders following foreign divorces (Part III) and asks whether it is time for the leave/permission filter mechanism to be reformed.   

Can I Change my Maintenance Order owing to the Coronavirus Pandemic?

Partner Stuart Clark considers the impact on spousal maintenance in view of the ongoing COVID-19 crisis.

High Court Judge urges parties to consider Arbitration in Family Proceedings

In CM v CM [2019] EWFC 16, Mr Justice Moor made a short but punchy judgment after hearing cross applications involving a dispute about the wording of a letter to a single joint expert in financial remedy proceedings.

Moor J had made an order at the First Appointment for an independent accountant to answer six questions about a family business. These were:

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. 

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