1
Type Speaker CPD Hours Level
Webinar
& DVD
1.25 IntermediateInformation
Accreditation Information
SRA Competency B

Introduction

This webinar is a must for any child care practitioner involved in proceedings concerning an international transfer to another member state under Article 15 of the Brussels IIa Regulation.

The webinar will provide an overview of the most common problems arising from international transfers, including predominately outgoing but also incoming requests. It will also explore the procedural and regulatory avenues for dealing with such requests before the family courts in England and Wales. Post-Brexit implications and practical tips for practitioners are also considered.

What You Will Learn

This webinar will cover the following:

  • Jurisdiction and Habitual Residence
    • The general rule on jurisdiction under Brussels IIa
    • What is habitual residence and how is it established
    • Making orders where a child’s habitual residence cannot be established
    • Taking provisional measures in urgent cases where another member state has jurisdiction
  • Applications under Article 15 Brussels IIa
    • Who can bring an application
    • When are ‘accepting’ parties to a transfer request required
    • The three stage test for transfer and how specific the evaluation is rendered by virtue of Bristol City Council v AA & HA
    • Whether the court can enter into a comparison of competence, diligence, resources or efficacy of the child protection services or courts of another member state - Re K (C A Child)
    • Is the test for the best interests of the child under Article 15 attenuated - Re N (Children) (Adoption: Jurisdiction) (AIRE Centre and others intervening)
    • How discretionary is Article 15 in practice - AB v JLB (Brussels II Revised Article 15)
  • Making the Request to Another Member State to Assume Jurisdiction
    • Parties introducing the request before the court of another member state
    • The court making the request to a court of another member state
    • Timeframe for acceptance of jurisdiction
    • Consequences of non-acceptance
    • Finding the competent court in another jurisdiction
  • Practical Tips
    • A discussion concerning the potential impact of Brexit on the application of the Brussels Regulation
    • The application of the 1996 Hague Convention to a transfer of proceedings
  • Useful Resources

This pre-recorded webinar will be streamed at 12:30pm on Monday 11th March 2019 and will remain available to view by delegates who have registered by then for 90 days.

New: Enjoy unlimited 24/7 access to over 654 webinars with an MBL Annual Webinar Subscription. Email webinarsubscription@mblseminars.com for details.

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Article 15 & Transfer Across Borders - A Guide for Family Lawyers

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Article 15 & Transfer Across Borders - A Guide for Family Lawyers

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Article 15 & Transfer Across Borders - A Guide for Family Lawyers

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DVD
1hr

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Webinar/DVD | DVD

Unlimited Viewers | 1hr


Article 15 & Transfer Across Borders - A Guide for Family Lawyers

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Continue Shopping
Unlimited viewers
at your organisation
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Ticket Information
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£49.50
£99
£198
DVDs are subject to shipping & handling costs of £5 + VAT per DVD
New: Enjoy unlimited 24/7 access to over 654 webinars with an MBL Annual Webinar Subscription. Email webinarsubscription@mblseminars.com for details.

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