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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:

Court of Appeal reinforces focus on the children's needs, not source of risk, in Art 13(b) 1980 Hague Convention

On 27 March 2018 Lord Justice Moylan and Lord Justice Peter Jackson handed down judgment in Re W [2018] EWCA Civ 664. It said in its first paragraph that case was “unusual” because as a consequence of immigration difficulties, the mother was willing to return with the children, but may be unable to do so due to having no right to re-enter the USA.  The father would also experience difficulty re-entering the USA if he left to visit the children.

The mother appealed an order that their children should be returned to the USA in accordance with the 1980 Hague Child Abduction Convention (potentially) without her.  

The appeal was allowed and the order that provided for the return of the children to the USA, without the Respondent mother in the event of her visa application being refused, was discharged.

Mother facing extradition from Canada for alleged child abduction

Various news outlets in Canada have reported that a Mother of two children (now aged 14 and 16) is facing the prospect of being extradited to the UK to face criminal charges of child abduction following the decision of a British Columbian Supreme Court Justice on Thursday 5 April.

Irrespective of the merits of the current application it is a salutary reminder that parental child abduction is a crime in this country.

Court of Appeal allows appeal by transgender father who had been refused direct contact with his children

Last year we commented on the case of J v B (ultra-orthodox Judaism: Transgender) [2017] EWFC 4 which concerned a father who had left the Charedi community and now lives as a woman and his quest for contact with his 5 children.  The mother of the children opposed the father’s request for direct contact on the basis that she believed that it would have severely harmful consequences for the children within the Charedi community as she believed that they would b

A stark example of the challenge faced by courts when balancing competing rights in child contact cases

By Helen Blackburn & Lauren Bovington 

On 15 November 2017 the Court of Appeal will determine the matter of J v B (ultra-orthodox Judaism: Transgender) [2017] EWFC 4. The case was decided by Mr Justice Peter Jackson in January of this year.

Paternity Fraud; Cheating the Child and Deceiving the Father

Paternity fraud is when a mother tells someone that they are the father of their child in order to illicit some benefit from him. This is usually financial benefit but in some cases can be more. In a recent criminal matter, a mother in Liverpool has been convicted of fraud for faking a DNA test to fool an ex-lover into thinking that he was the father of her child. At court, she claimed justification that she had wanted her child to have a father figure.

Could abducting parents face extradition?

By Marianna Michaelides & Lauren Bovington

 

The case of Egeneonu [2016] EWHC 43 (Fam)  came before Sir James Munby, the President of the Family Division of the High Court, this January 2017. The question before the court was relatively simple; whether or not a father’s contempt of court amounted to criminal or civil contempt.

 

Background

 

Replacing the Apostille – an overhaul of legalisation in the EU

The present method for public documents to be authenticated for the purposes of being presented to a foreign jurisdiction is by way of an Apostille, a certificate of legal authenticity. An Apostille certificate is issued by government, attached to a legal document and confirms that the stamp, seal or signature on that document is genuine.  It can be a fairly complicated process.

The process is found in the Hague Convention of 5 October 1961 and EU regulation 1024/2012

Replacing the Apostille – an overhaul of legalisation in the EU

The present method for public documents to be authenticated for the purposes of being presented to a foreign jurisdiction is by way of an Apostille, a certificate of legal authenticity. An Apostille certificate is issued by government, attached to a legal document and confirms that the stamp, seal or signature on that document is genuine.  It can be a fairly complicated process.

The process is found in the Hague Convention of 5 October 1961 and EU regulation 1024/2012

iFLG sets up Brexit family law helpdesk

The International Family Law Group LLP (iFLG) have today launched a free Brexit family law helpdesk to provide information for family lawyers here and abroad and those involved in family court proceedings about the impact of Brexit on family law.

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