An Introduction to International Family Law: Managing Cases with a Foreign Element
Benefits
After completing all training podcasts in this bundle you will:
- Understand why all family practitioners need to know about international family law
- Know how to manage an international case. This includes the important practical considerations to be had when taking instructions and developing a case plan
- Know what happens when there are cross-border disputes within the United Kingdom
- Understand the significance of stays of proceedings and Brussels II in forum disputes and have considered some of the practical consequences of the race to issue to secure jurisdiction
- Understand the extent to which foreign marriages and foreign divorces will be recognised
- Have considered how financial provision will be determined following a foreign divorce. This includes an understanding of the courts approach in recent case law to this remedy
- Have considered ADR in international cases
- Be familiar with the issues arising from child relocation including the factors the court will take into account and how to protect against international parental child abduction
- Be familiar with the Hague Convention and what an application under the Convention will entail
Training Bundle Overview
This podcast bundle provides an essential introduction to the international aspects of family proceedings. Family lawyers are increasingly required to adapt their practices to accommodate the growing number of individuals with an international dimension to their families. Whether from couples of different nationalities to English couples who move or work overseas, family lawyers will need to be familiar with the issues that can arise and know how best to manage these often complex cases.
- CPD Points:
- This bundle can provide up to 5 points details »
- Price:
- £299 (includes unlimited access until the end of 2012!)
- Suitable for:
- In-House Legal Advisers
- Family Law Solicitors
- Family Law Barristers
- Junior Practitioners
- Practice Area:
- Family Law
- Contributors:
What is a CPDcast Bundle?
CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.
Contents
An Introduction to International Family Law contains the following CPDcasts:
- with David Hodson from The International Family Law Group
This podcast aims to introduce the listener to the subject of financial provision following a foreign divorce and International ADR. It will consider the relevant law, procedure and case law on the topic including an analysis of the Supreme Court decision in Agbaje v Agbaje. It will also touch on the role ADR and Mediation will play in International family cases.
After completing this course you will:
- Know the relevant statute law;
- Be aware of the recent major decision of the Supreme Court;
- Know what has happened in recent cases;
- Understand what the proper approach will be to this remedy;
- Know the general principles for seeking financial provision after a foreign divorce;
- Be aware of the procedure of these applications;
- Be able to identify some of the practical circumstances to take into account;
- Understand the background to international ADR;
- Know when international ADR should not be commenced;
- Know about the EU mediation directive and what the impact will be on England;
- Understand how the mediation imperative in the FPR 2010 will impact in international cases.
- with David Hodson from The International Family Law Group
This podcast is aimed at those interested in International Family Law and how to best manage an international case. It flags up some of the issues practitioners should be aware of including how a practice should prepare for cases with an international element, how to work with foreign lawyers and some of the differences across the world in family law. It also considers the law in relation to recognition of foreign marriages and divorces and some of the concerns in respect of transnational divorces.
After completing this course you will:
- Be able to recognise an international case;
- Know what is required when there is an international element to a case;
- Understand the importance of practice and case management in international disputes;
- Know what a practice should consider before taking on an international case;
- Know the issues of specialisation to take into account;
- Know how the practice should be prepared for cases with an international element;
- Appreciate the distinctive aspects in working with foreign lawyers and who will be liable for their fees;
- Recognise some of the differences across the world in the practice of family law;
- Know what to consider at the first interview;
- Know how the issue of applicable law may have an impact on a case with an international family;
- Know about the EU enhanced cooperation regulation;
- Understand why recognition of foreign marriage is important;
- Be aware of the law in respect of the formalities of the marriage;
- Know the law in respect of the capacity of the parties to marry and issues of consent to marry;
- Appreciate the potential difficulties arising in respect of “marriages in paradise”;
- Understand how divorces pronounced in the UK and inside and outside of the EU will be recognised;
- Know what recognition by means of proceedings is and how this is most likely to arise;
- Appreciate the particular difficulties with recognition of divorces obtained other than by means of proceedings;
- Be able to identify the concerns in respect of transnational divorces;
- Know what special provision has been made to prevent divorces in England and Wales when there is a linked religious divorce.
- with David Hodson from The International Family Law Group
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 this 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.
- with Mandeep Gill from The International Family Law Group
This podcast aims to introduce the listener to the topic of international parental child abduction. It sets out the law relating to child abduction under the Hague Convention and considers the available defences to an application under the Convention. It will also consider some of the practical issues to be aware of when dealing with these cases.
After completing this course you will:
- Know what child abduction is and how the Hague Convention applies;
- Understand how abduction occurs under the Hague Convention;
- Know what the defences are to an application under the Hague Convention;
- Be aware of the legal aid position in Hague Convention cases;
- Know how long Hague Convention cases take to conclude;
- Be aware of what happens when an order for the child to return to the original country is made;
- Know happens when the court declines to order a return;
- Understand how to begin a Hague application and what it will entail;
- Have considered what can be done to trace a child’s exact whereabouts;
- Be aware of what court remedies will be available to prevent an abduction;
- Be able to advice a parent on what to do if the child has been abducted to England and Wales from a non Hague signatory country;
- Know what a left behind parent can do if their child has been abducted from England and Wales.
- with Hannah Budd from The International Family Law Group
This podcast aims to introduce the listener to the topic of International Relocation. It will consider the circumstances in which leave to remove applications tend to arise. It will set out the relevant law and procedure. The podcast will also consider the approach of UK courts compared with other countries. It will set out what an applicant will need to show in order to succeed in a relocation application and conversely, how to oppose such an application.
After completing this course you will:
- Understand the circumstances in which a parent will need the consent of the other parent if they wish to relocate with their child to another country;
- Be familiar with the procedure for making a Leave to Remove application;
- Understand the approach taken by English courts when considering Leave to Remove applications;
- Know what an applicant will need to show in order to succeed in a relocation application;
- Understand the prospects of successfully opposing a relocation application;
- Know what will happen if an application is successful and leave is granted.
Contributors
An Introduction to International Family Law features the following legal experts:
Budd, Hannah (The International Family Law Group)
Hannah Budd is a solicitor at the International Family Law Group with experience of a wide range of family matters with a particular emphasis on resolving complex financial disputes, often with an international element. She also undertakes work in relation to matters concerning children including residence and contact disputes and applications for leave to remove children from the jurisdiction of England and Wales.
Hannah has written a number of articles for legal publications in relation to recent legal developments, including Family Law Journal and the Surrey Law Society Magazine.
She writes regularly for Jordan’s Young Lawyers Opinion Column. She has written about and lectured on the new Family Proceedings Rules 2010.
Gill, Mandeep (The International Family Law Group)
Mandeep is a solicitor at the International Family Law Group. Mandeep has particular expertise in international child abduction and international child contact disputes. She has had much experience in advising and acting for both Plaintiff and Defendants in Hague and Non Hague cases for a number of years. Mandeep has previously worked for reunite, the leading UK charity advising parents in respect of dealing with international child abduction.
Hodson, David (The International Family Law Group)
David is partner and joint founder of the International Family Law Group. David is a highly experienced family law dispute resolution specialist, with particular expertise in cases involving an international element or complex assets or issues. He is a dual English and Australian qualified solicitor, barrister, mediator and family arbitrator and sits as a part-time family court judge in London (DDJ at PRFD). David is also a well known speaker and writer on family law and is author of ‘A Practical Guide to International Family Law’ (Jordans 2008).
