Latest updates
- Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 released by MoJ News, 14/02/2019, free
- 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
- Short guidance note covers divorce, children, maintenance and child abduction News, 06/02/2019, free
- 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
- 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
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: A non-parent without rights granted by a court or by someone with parental rights can use Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction 19801980 Hague Convention to gain rights of access Case note, 26/10/2018, members only
- In a tweet: Successful appeal against a refusal to set aside an order requiring her children to be returned to England Case note, 06/08/2018, members only
- In a tweet: CoA overturn an earlier decision that W had a domicile of choice in England Case note, 06/08/2018, members only
Latest training
- Recording of webinar first broadcast on 23 November 2018. Webcast, 29/11/2018, members only
- 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
- 6 questions relating to Tim Scott's 2016 update on the Maintenance Regulation CPD course, 08/09/2016, members only
- Tim Scott QC from 29 Bedford Row, provides an update to the Maintenance Regulation, 5 years after it came into force. This webcast was recorded on 1 September 2016. Webcast, 02/09/2016, members only
- Audio recording of webinar first broadcast live 26 April 2016 Webcast, 29/04/2016, free
Latest sources
- In force on Exit Day SI, 02/11/2018, free
- This Statutory Instrument to be made under the European Union (Withdrawal) Act 2018 will ensure that the UK is ready, after EU Exit, to apply the 2007 Hague Convention on the international recovery of maintenance. SI, 12/10/2018, free
- Practice direction (external), 13/03/2018, free
- Updates Schedules of contracting states SI, 20/07/2017, free
- An updated table of signatories and members states Tool, 02/03/2017, free
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