Latest updates
- Application by mother for summary return of her child to Turkey under the Hague Child Abduction Convention. The father's attempted defence of acquiescence on the part of the mother was rejected and an order for return made. Judgment, 17/01/2019, free
- A child, who was born in 2011, was conceived via IVF using the gametes of the parties but after they had separated and without the permission of the father (the mother had forged his signature on the papers). Father succeeded on all aspects of his primary case against the clinic for breach of contract. However, the judge held that he could not recover damages for the cost of the child's upbringing for reasons of policy. His appeal against this decision failed. Judgment, 18/12/2018, free
- Decision adjourned as to whether to allow the child, who had previously been wrongfully retained in Mexico but who was now back in the UK, to travel to Mexico with her mother. Judgment, 17/12/2018, free
- In brief: There had been a violation of the father’s (“F”) Article 8 rights where the domestic authorities had delayed in enforcing F’s contact order. It had taken two years for F to see his child and the enforcement proceedings are still pending, further exacerbating the lack of contact between F and child in the face of a hostile mother. Judgment, 17/12/2018, free
- The judge was entitled to say that this was an appropriate case for a shared residence order and that the mother should move from the North East to the South East such that shared care could work. Judgment, 14/12/2018, 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
- Promulgated on 9th November 2018 Order, 13/11/2018, free
- Promulgated 9 November 2018 Order, 13/11/2018, free
- Promulgated 9 November 2018 Order, 13/11/2018, free
Latest training
- Recording of webinar first broadcast on 23 November 2018. Webcast, 29/11/2018, members only
- 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, members only
- Roshi Amiraftabi of 29 Bedford Row, reviews the key private children law cases, themes and practice developments from the past 12 months. Webcast, 31/05/2018, members only
- Mena Ruparel and Mark Penston unpick the complex task of understanding the different types of remuneration that might crop up in financial remedy proceedings. Webcast, 19/04/2018, members only
- 10 questions on the various cases summarised in the July 2017 Family Law Hub Digest CPD course, 25/08/2017, members only
Latest sources
- The text of guidance requiring orders in non-financial cases to be drafted on the day of the hearing in the Central Family Court. In force from 12 November 2018 Practice direction, 23/11/2018, free
- Came into force on 23 July 2018 Practice direction, 27/07/2018, free
- Practice direction (external), 13/03/2018, free
- Updates Schedules of contracting states SI, 20/07/2017, free
- Amendments concerning children as parties under the Family Law Act 1986 and changes to procedure and status of applications to set aside financial remedy orders. In force from 3 October. SI, 12/09/2016, free
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