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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:

Practical tips for how to enjoy Christmas without your children

Will the children be spending Christmas Day with your ex-partner and their family?

Christmas is an emotional time regardless of your family situation and it can feel strange and upsetting not to have the children with you at Christmas particularly for the first time.

A way with words: The language of family law

The words we use are important. This is especially so in the world of family law.

The interpretation and meaning attributed to certain words can influence the outcome of a specific case as well as how the law is understood by the public and implemented generally by the judiciary.

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. 

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:

Watershed moment for UK surrogacy law

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force today (3 January 2019) enabling single people for the very first time to apply for parental orders. 

Parental orders are the mechanism in the UK by which intended parents are able to become the legal parents of children born through surrogacy. 

Declaration of Parentage used in Child Abduction Proceedings

An unusual judgment has recently been made by Mr Justice Williams in G (Declaration of Parentage – Removal of Person Identified as Mother from Birth Certificate) (No2) [2018] EWHC 3361 (Fam).

The case involves a six year old child, known in proceedings as ‘Naomi’ whose original English birth certificate did not record her birth mother and father but only recorded her mother as being a woman who was in a relationship with her father at the time of her birth.

Cuba, Paraguay and The Philippines all accede to Hague conventions

On 12 September 2018, the 125th anniversary of the Hague Conference on Private International Law, Cuba, Paraguay and the Philippines each joined Hague Conventions.

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