Latest updates
- Applications by father for return of children to England from China. Lieven J found that the children were habitually resident in China and therefore the English Courts did not have jurisdiction. Judgment, 11/02/2019, free
- In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Judgment, 06/08/2018, free
- The judge ruled that all proceedings concerning the children, who had been living with the mother's husband in Alaska for 3 years (the mother being in custody in the UK facing charges of child abduction), should come to an end as the children were habitually resident in Alaska. Judgment, 30/07/2018, free
- Father's application for the summary return of the child from Spain to the UK was dismissed on the basis that the child had either not lost his habitual residence in Spain, or had re-acquired it, and so the UK courts did not have jurisdiction in relation to the child or his upbringing. Judgment, 03/05/2018, free
- Appeal by father against an order declaring that the children were habitually resident in Canada and that the court had no jurisdiction to determine the application by the children's father for a child arrangements order and prohibited steps order under the Children Act 1989 as amended, and further discharged an earlier prohibited steps order under which the mother had been prohibited from removing the children from England and Wales. Appeal dismissed. Judgment, 09/03/2018, free
Latest know-how
- In brief: A preliminary ruling from the ECJ determined that in order to establish habitual residence under Article 8 BIIR, a child must be physically present in the member state. The circumstances of the child being physically present elsewhere are irrelevant. This was a referral from the English High Court where the father ("F") had allegedly coerced the mother ("M") into remaining in Bangladesh with the child, potentially in breach of their ECHR rights. Case note, 17/12/2018, members only
- The Romanian court sought a preliminary ruling from the European Court of Justice about interpreting Article 15 where two member states have jurisdiction, one under Article 8, the other under Article 12 Case note, 17/12/2018, members only
- In a tweet: Test in Re A (children) [2013] UKSC 60 was used to assess whether the parties were habitually resident in England Case note, 06/08/2018, members only
- President's Guidance announcing promulgation of the long awaited standard orders for children cases Practice note, 07/06/2018, free
- In a tweet: Repudiatory retention is possible in 1980 Hague Convention proceedings Case note, 11/04/2018, members only
Latest training
- Tim Scott QC of 29 Bedford Row tries to make sense of what might happen to international family cases after 29th March next year and reviews a few recent key international finance cases. Recorded September 2018. Webcast, 07/10/2018, members only
- Training notes to accompany Timothy Scott QC's recorded webinar on International Family Law Training note, 09/10/2013, members only
- Timothy Scott QC rounds up all the latest developments in international family law touching on case law and policy developments such as how the Maintenance Regulation is operating 2 years on, an update on BIIR cases and staying proceedings and Hemain injunctions. Webcast, 09/10/2013, members only
- Six questions, worth an hour of CPD, on the cases of HB v PB [2013] EWHC 1956 (Fam); DL v EL [2013] EWCA Civ 865 and K v D [2013] EWHC 796 (Fam) CPD course, 03/09/2013, members only
- CPD course, 01/05/2012, free
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