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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:

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.

Legal Relationship Advice: 'Knowledge is Power'

Partner Lucy Greenwood offers practical advice and guidance in this article, for those looking for legal relationship advice as we ease out of lockdown.

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).

Unaccompanied Minors and Airline Surcharges: The Increasing Extra Costs of Long-Distance Contact

Contact issues between parents must be considered on two fronts.

Child abduction during the Coronavirus Pandemic

In Re N (A child) [2020] EWFC 35 the High Court was asked to consider whether judicial delays abroad caused by COVID-19 was a reason to depart from the general practice recommended in the decision in Re S (A Child) (Abduction: Hague Convention) [2018] 4 WLR 108, namely that the court should defer making its own return order until an application under the 1980 Hague Convention has been determined in the other member state.

The suitability of Remote Contested Final Hearings during the Covid-19 pandemic

This article by Managing Partner Ann Thomas and Paralegal Annie Boxer considers the reported decision on the suitability and appropriateness of remote contested final hearings during the current COVID-19 pandemic.

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