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Marriage vs Cohabitation; Financial and legal consequences upon separation in England

by Lucy Greenwood / 30 Apr, 2018

Lucy Greenwood, Partner at The International Family Law Group LLP (IFLG) sets out some of significant and commonly misunderstood differences in the financial legal rights of married and unmarried couples.

Non-disclosure and breach of Court Orders: How an 83 year old millionaire of ‘good character’ ended up in prison

by Michael Allum / 26 Apr, 2018

A family court can sentence someone to prison for contempt of court.  This can occur where there has been wilful disrespect of legal authorities or where a party has failed to comply with a court order.

The Supreme Court of Canada provides crucial and long awaited guidance on determining a child’s habitual residence

by Helen Blackburn / 24 Apr, 2018

On Friday (20 April 2018) the Supreme Court of Canada in the case of Office of the Children's Lawyer  v.

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

by Marianna Michaelides / 18 Apr, 2018

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.

Lanzarote Convention on Protection of Children against Sexual Exploitation and Sexual Abuse published

by Marianna Michaelides / 17 Apr, 2018

The Foreign and Commonwealth Office has published the text of the Council of Europe Convention on the Protection of Children a

Mother facing extradition from Canada for alleged child abduction

by Helen Blackburn / 17 Apr, 2018

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.

Australia ends requirement to file exhibits at the family court: should England and Wales follow suit?

by David Hodson OBE MCIArb / 04 Apr, 2018

A recent change in the rules of the family court in Australia ends the requirement for exhibits both generally and specifically to be filed at the court.  Should England be following suit?  They take up a huge amount of space in the paperwork at the court office.  They are often duplicated in the bundle which is filed the court for any hearing.  Many of them are never looked at again after filing.  This article looks at what could be procedural reform in England.