Common Problems in International Family Law - A Box Set of 6 Essential Modules

Introduction

This box set of 6 online modules presented by Sarah Lucy Cooper will consider the practical issues facing practitioners when dealing with family cases with an international issue which are so frequent in today’s increasingly cosmopolitan world.

This box set is suitable for all practitioners from the high street practice to larger firms.

Module 1 Jurisdiction and Applicable Law

When dealing with family cases with an international issue you will need to have a basic understanding of jurisdiction and applicable law.

This module will consider the basics of international cases and topics will include the following:

• What is jurisdiction
• What is applicable law
• Jurisdiction for children - the basics - Family Law Act 1986
• An overview of the 1996 Hague Children’s Convention
• Parens Patriae jurisdiction - flavour of the month?
• The new jurisdictional requirements for divorce

Module 2 Habitual Residence and Domicile

This module will assist you with understanding the difference between habitual residence and domicile and why it matters in international family cases.

This module will include:

• Habitual residence - its use in international family law conventions
• Caselaw from the Supreme Court on habitual residence for children
• Differences between Brussels II revised and Hague 1996
• Caselaw on habitual residence for adults
• Domicile - a legal concept. What is it and what isn’t it
• Domicile of origin
• Domicile of choice
• Domicile of dependency

Module 3 Leave to Remove

Most children act practitioners will have been involved in applications for leave to remove a child from this jurisdiction, applications which are difficult, unpredictable and often heart breaking.

It is imperative to be familiar with the developing case law in this field, which is fluid, and constantly updated.

This module will include the following:

• The application - procedural requirements
• Allocation of the case - is this a High Court case?
• The Applicant’s statement - tips and traps
• Preparing for the FHDRA - CAFCASS? ISW?
• Using legal and psychological experts
• Recent caselaw on the substantive and procedural requirements
• Arbitration

Module 4 Part III of the Matrimonial and Family Proceedings Act 1984 - Applications for Financial Provision After an Overseas Divorce

The MFPA 1984 Part III is certainly not just for the super rich but given the cosmopolitan society we live in is increasingly used at all levels of wealth. It can also be a really useful tool for enforcement in complex cases or for cases where there is an English pension but the parties live overseas.

This module will provide a basic guide to the procedure and substantive law surrounding these applications and will include:

• Who can apply ? s12 MFPA 1984
• The jurisdictional criteria to make an application - s15 MFPA 1984
• Is the application appropriate? s16 MFPA 1984
• Applying for permission under s13 MFPA 1984
• Preparing the statement in support of permission
• The impact of delay in applying
• The effect of pre and post nuptial agreements on Part III claims
• The effect of a failure to enforce an overseas order
• Powers of the court to make orders - s17, s18 and s20 MFPA 1984
• Caselaw on recent awards

Module 5 Serving Family Proceedings Overseas

Initiating proceedings when a party is overseas is absolutely fundamental to the smooth running of any case, not least if you might ever need to request assistance from the overseas court. Understand the basics to enable you to get it right first time.

This module will include the following:

• Notification or service - understanding the difference
• Conflict of laws - when in Rome, do as they do
• FPR Part 6 - what does it say about international service?
• The basics of the Hague Service Convention 1965
• Diplomatic and judicial channels
• Deemed service

Module 6 Overseas Experts - Including Land Valuations, Overseas Lawyers and Medical Experts

It is very common for solicitors to instruct overseas experts in cases whether a valuer for overseas property or a lawyer in relation to a leave to remove case. How can you make the best use of your expert and ensure that they are providing accurate information and expertise to the court and that they understand their legal obligations.

This module provides practical advice on the following topics:

• How to find a good expert overseas
• Single Joint Expert - the issues for many overseas experts
• Part 25 and PD25 A - F
• How to instruct an overseas expert
• Additional safeguards for overseas medical experts
• Confidentiality and contempt of court
• The solicitor’s obligations for the expert

This webinar was recorded on 5th April 2022