International Family Law - The Common Problems

Introduction

This seminar is designed for the family lawyer who deals with any cases - whether concerning money or children - with an international element, whether limited to an overseas holiday home or foreign parties with all their connections abroad.

It provides a broad overview of the most common problems in international family cases. From jurisdictional rules to procedural, regulatory and enforcement issues to practical issues involving the relocation of children both within the UK and outside it. It will also explore the possibility of an application for further financial relief in England after overseas divorce and the impact of Potanina on overseas financial provision.

What You Will Learn

This course will cover the following:

• Jurisdiction and Applicable Law in International Family Law Cases
• What is jurisdiction, what is applicable law?
• The rules on jurisdiction for children disputes - Hague 1996, Hague 1980, Family Law Act 1986 and the inherent jurisdiction
• The rules on jurisdiction for divorce under the Domicile and Matrimonial Proceedings Act 1973
• Jurisdictional issues for divorce within the component parts of the UK and Villiers v Villiers
• Stays on proceedings and anti-suit injunctions to restrain proceedings overseas - under what circumstances can an application be made
• What is habitual residence
• What is domicile
• Second Bite of the Cherry - Applications under Section 13 MFPA 1984
• Part III of the Matrimonial and Family Proceedings Act 1984 - the criteria for the making of an application
• Applying for permission to bring a claim under section 13 - FPR 2010 and preparing a statement
• The impact of Potanina on applying for permission - can permission be set aside and in what circumstances
• Restrictions on further claims for maintenance - the impact of the Hague Maintenance Convention 2007
• Jurisdiction for such applications - habitual residence, domicile and ownership of family home
• Factors affecting the value of the award - delay, pre or post-nuptial agreement, link with this jurisdiction, failure to enforce overseas order
• Alternatives to such applications - TOLATA, Schedule 1 Children Act
• Procedural, Regulatory and Enforcement Issues in International Family Law
• Service out of the jurisdiction
• Identifying and instructing foreign experts - the procedural requirements, costs considerations and regulatory considerations
• Property overseas - powers of the English court, assessing the net equity, costs of sale and tax considerations
• Finding assets overseas, overseas Land Registries and obtaining third party evidence overseas
• Enforcing English and Welsh judgments overseas
• Enforcing undertakings overseas
• Overseas documents - certified copies, swearing affidavits
• Interpreters and translators - the oaths and qualifications necessary to get it right first time
• Witnesses overseas - using video evidence - when is this permitted? What does the FPR 2010 say about contacting the Foreign Office?
• Witnesses who do not speak English - what are the rules for their statements?
• International Liaison Judge
• Relocation of Children Inside and Outside of the UK
• What is the UK and why does it matter?
• Type of application to be made for each type of move
• What evidence is needed
• Cafcass - what is their role on a relocation and are they necessary?
• Expert foreign law evidence - is it necessary?
• Ability to enforce contact overseas - the effect on success of the application - using Hague 1996
• Mirror orders and other security /li>
• Payne v Payne - is it still good law?
• Child Arrangements Orders - the effect of shared parenting
• Holiday cases - what is the law?
• How long can a holiday be and does it matter?