Executive summary An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.[1] In the case the judge’s actions were found to be an affront to justice. A
All significant decisions relating to a child’s welfare, including their education, upbringing, accommodation and medical needs, must be taken by those with parental responsibility. The definition of parental responsibility is set out at section 3 (1) Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law
The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some helpful clarifications including that applications for leave
On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). These changes include requiring the court to encourage parties to use NCDR, the introduction of a new form (FM5) requiring parties to set out their views on NCDR, and
In March 2023 Family Court reform and the role of CAFCASS were debated in Parliament. During the debate Parliament was advised that 70% of Family Court cases in England and Wales feature allegations of parental alienation. Perpetrators of domestic abuse often allege parental alienation to diminish their own behaviour or
The International Family Law Group have acted for the respondent mother in successfully defending Hague Convention child abduction proceedings in a most unusual case of extensive delay brought about by proceedings in the home state. The case concerned a (then) 10-year-old child who had been removed to the UK by
The Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force today, 29 April 2024. These changes are concentrated around the work done by the Family Procedure Rule Committee in relation to early resolution of the private family law proceedings. What is Non-Court Dispute Resolution? In accordance with
Lucy Greenwood, Lawyer, Partner and guest speaker, joins host, Chloe O. ‘The Divorce and Separation Coach’, in a podcast discussing the following questions: When do couples have a choice with regards to the jurisdiction they get divorced in? What are the implications of this decision? What should they consider when
Prime Minister Winston Churchill first described co-operation between the UK and the US as the “Special Relationship” – a term frequently cited in a whole host of varying political, economic and social circumstances. With over 200,000 Americans calling the UK home, it is perhaps little surprise that this Special Relationship
With nearly 100 member states across the world, the Hague Conference is perhaps the most established and well-known organisation working in the area of private international law. It is this organisation that administers two particular conventions in relation to international children law, namely: The 1980 Hague Convention on the Civil
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The International Family Law Group LLP is a limited liability partnership registered in England (company number OC362777) whose registered office is at Octagon Point, 5 Cheapside, St Paul’s, London EC2V 6AA. A list of the members of the LLP is displayed at the above address together with a list of those individuals designated as partners who are not members of the LLP. We are a firm of solicitors practicing in the UK. As solicitors we are authorised and regulated by the Solicitors Regulation Authority (SRA ID: 560727) and are subject to the Solicitors Code of Conduct 2011
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