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Family Law
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to introduce the listener to the subject of stays of proceedings and Brussels II. It will discuss how stays are used to deal with forum disputes in international family cases. It will explore the importance of ensuring your party is first to issue in international divorce cases and the practical and procedural considerations when attempting to secure proceedings in your jurisdiction.

After completing the course you will:
  • Know how stays of proceedings arise and their relevance in international cases;
  • Be familiar with the concept of forum shopping;
  • Know what must be shown on the divorce petition if there are already proceedings abroad;
  • Be familiar with the procedure of stay applications;
  • Know what happens when there are cross-border disputes within the United Kingdom and Europe;
  • Understand the changes introduced by Brussels II in respect of unified jurisdiction;
  • Understand the practical consequences of the race to issue;
  • Know what the so-called additional residual jurisdictional basis is;
  • Know what the court should do if it receives divorce papers and it knows there are pre-existing divorce proceedings elsewhere in Europe;
  • Know of the implications when drafting the divorce petition and in respect of filing and issuing the divorce petition;
  • Be aware of the law relating to proceedings outside of Europe;
  • Understand some of the relevant factors for discretionary stays.
General Interest Difficulty: 2 of 5
Sources and References:
  • Practical Guide to International Family Law (published June 2008, Jordans);
  • Chorley 2005 2 FLR 38;
  • Council Regulation (EC) No 1347/2000;
  • Council Regulation (EC) No 2201/2003;
  • De Dampierre (1987) 2 FLR 300.311B;
  • Family Procedure Rules 2010;
  • LK v K (BII revised: maintenance pending suit) [2006] 2 FLR 1113;
  • M v M (1994) 1 FLR 399.403G;
  • Marinos 2007 2 FLR1018;
  • Moore, 2007 2 FLR 339;
  • Moses-Taiga 2006 1 FLR 1074;
  • Mytton (1977) 7 Fam. Law 244;
  • Prazic (2006) 2 FLR 1128;
  • S v S (Divorce: Staying Proceedings) (1997) 2 FLR 100.112;
  • Wermuth 2003 1 FLR 1029.

In this podcast David Hodson from The International Family Law Group considers how stays of proceedings and Brussels II will be used in international divorce cases.

Podcast added: 27/07/2011

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