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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:

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. 

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.

Potential implications of Brexit on pension sharing after an overseas divorce

Family analysis: Michael Allum and Stuart Clark, partners at The International Family Law Group LLP, highlight that obtaining effective pension sharing orders which will be recognised and implemented by pension providers in England and Wales after an overseas divorce is already a very complex and difficult area, and will become even more so in the event of a no-deal Brexit.

Oh Calderbank: which approach is the fairer of them all? Contrasting the English and Australian positions on costs offers

In the recent Australian decision of Laniga and Carron (No. 2)1 a costs order was made against the husband following the final financial order being more favourable to the wife than various without prejudice offers made by her and rejected by him. In contrast, an English court would have been unable to take the without prejudice offers into account and therefore would have been unable to make costs order on a similar basis.

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.

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. 

How will a 'no-deal Brexit' affect you?

We have produced a summary which can be found here:

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