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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.

Helen Blackburn is listed as 'Lawyer of the Week' in the Times Newspaper

Helen Blackburn, solicitor and partner at The International Family Law Group LLP, acted for the mother of 6 and 8 year old children in the Court of Appeal - the High Court had ruled that she had wrongfully retained her children in England after moving in July 2018 from Germany. The Court of Appeal ruled that the children were 'habitually resident' in England under the Hague Abduction Convention.

Financial remedy consent order applications: mandation of online applications

With mandatory online applications coming into effect on 24 August 2020, Partner Stuart Clark shares his insight into the new processes and HMCTS's work in digitising services.

Read the full article as published by the Law Society here

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. 

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.

David Hodson runs Masters Module in International Family Law at The University of Queensland - remotely from Surrey

Prof David Hodson OBE MCIArb will be running again this year an International Family Law module on a Masters degree course in Current Issues in International Law (Private) at the University of Queensland, Brisbane, Australia.  But this time the lectures will be presented remotely to the students in Brisbane and elsewhere, by David from his home in Surrey.  The University of Queensland, like many academic institutions around the world, has remote courses at present.

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.

Supreme Court Judgment in Villiers paves the way for English Maintenance Claims alongside a Scottish divorce

On 1 July 2020, the Supreme Court handed down judgment in the matter of Villiers. The appeal, which was brought by the husband, centered on whether the English court has jurisdiction to make a maintenance order under section 27 of the Matrimonial Causes Act 1973 in circumstances where the divorce between the parties took place in Scotland. We unpack the nature of the judgment and its wider ramifications in this article.

Practical Guidance for Dealing with Foreign Assets in National Cases

Partners Lucy Loizou and Michael Allum consider the ever-increasing international movement of people and families, a significant portion of financial cases in the family courts of England and Wales now involved assets located overseas. 

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