News/Blog

In this area of my website I set out items of news, commentary, blogs and articles. The most recent are set out below with a longer list in the right-hand column and many more which can be found using the search facility. Please do get in touch with me about any of these articles and the issues raised.

EU proposes accession to Istanbul Convention on domestic violence

Yesterday, 4 March 2016, there was much EU fanfare and self-congratulation that the EU was proposing that it should accede to the Istanbul Convention on domestic violence.  Beyond the press releases, what does this mean?  Where does it fit in to what is already existing international law?  What might it mean in practice?   I am certainly not a domestic…

Priority of proceedings under EU Brussels II: An Irish High Court decision may mean all change after 15 years of practice

On Wednesday 2 December 2015, Ireland’s High Court by its most senior family court judge, Mr Justice Henry Abbott, handed down a decision, just published, in an Anglo Irish case which dramatically changes expectations of what is needed across the EU to gain priority of proceedings. It is surprising it has taken until almost the 15th anniversary of the Brussels…

Recitals, indemnities and third-party orders: overturning old orthodoxies of orders

In financial proceedings, can the family court order one party to indemnify the other for various debts and liabilities?  Can it order one party to make payments to a third party?  If it can’t, such indemnities and third-party orders have to be in recitals, agreements or undertakings.  They cannot be in the substantive part of the financial order. This issue…

UK Supreme Court emphasises honesty and openness in disclosure obligations in family courts

In two judgements, cases heard together, the U.K.’s highest court has today, 14 October 2015, delivered an excellent message of the absolute importance of full and complete, open and transparent, disclosure in the making of final financial orders on relationship breakdown.  Material nondisclosure of financial or other relevant information or fraud will lead to any agreed arrangements or orders being…

Family Court power to order interim sale and vacant possession of the family home

Can the family court order the family home, or indeed any other family property, to be sold (with vacant possession given on sale) and the proceeds distributed on an interim basis before the final financial settlement?  The power to make this order is often vitally needed at an interim stage by practitioners and their clients in circumstances where, for example,…

Appointed Professor at the University of Law

I am absolutely delighted and honoured to have been asked to be a visiting Professor at the University of Law. This is the media release from my firm which can also be found here.   iFLG’s David Hodson appointed Professor at The University of Law David Hodson OBE, MCIArb, partner and co-founder of the International Family Law Group LLP (iFLG),…

Ethics of artificial intelligence (AI)

On Saturday afternoon 1 August 2015, I had the tremendous opportunity to attend a lecture at Birkbeck College, University of London, on the ethics of artificial intelligence (AI).  I concede that this is not my normal Saturday activity.  Admittedly I have had a lifelong interest in science fiction.  I’m interested in ethics.    But most of all a very good…

iFLG Response to the Law Commission consultation on Enforcement of Financial Orders

My firm, The International Family Law Group LLP (iFLG), has responded to the Law Commission consultation on reform of the law of enforcement of family court financial orders.  We consider reform is vital of both law and procedure, to make it easier, quicker and cheaper to enforce family court orders.  There should be much more available information. Too often the…

National justice delayed is international justice denied

At the IAML European chapter conference meeting in Seville, Spain, in March 2015 we had a very interesting lecture on Spanish family law.  We were told there are specialist family courts in only the main regional cities: otherwise a family case will be conducted by a nonspecialist judge.  Many judges have not previously practised as lawyers.  There is a huge…

Publication of “The International Family Law Practice 2015/2016”

I am delighted to announce the publication of the 4th edition, 2015/2016, of Jordans "The International Family Law Practice". The third edition was published September 2013 but there have been a lot of changes in the international family law arena since then. This new edition has been fully updated and it is the law as at 1 January 2015.  It…

Who pays for the nanny …. and her pension?

Changes in pension law means that there is a responsibility for setting up and paying for a pension for an employed nanny.  This can be particularly important to consider on any parental separation.    My colleague, Jenny Green, has written an article setting out these issues.

Best interests of the child overrides EU finance jurisdiction law

An Opinion of an Advocate General of the European Union Court of Justice (CJEU) seems to set out a potentially significant widening of jurisdiction in EU family law finance cases, and perhaps even divorce cases, based on the supremacy of the best interests of the child.  If followed by the CJEU, and such opinions are often although not always followed…

New EU law in force today providing cross border protection for victims of domestic violence and others

The EU Protection Measures Regulation   On 11 January 2015, Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013 on Mutual Recognition of Protection Measures in Civil Matters (“the Protection Measures Regulation”) came into force, providing automatic intra-EU recognition and enforcement of civil protection measures made in Member States and thus extending the…

“Services to International Family Law”: the Investiture Windsor Castle 5 December 2014

“For services to international family law” The letter lay open on my desk, delivered in the routine office post whilst I was in a meeting.  Marked private and confidential, it had been opened with other P&C letters I receive similarly marked in my line of business.  No one read the dense text or gave it a second thought.  When I saw…

Unaccompanied minors and airline surcharges:The extra costs of long distance contact

The costs of international travel are a crucial factor for international families when children have contact with parents in different countries.  It can be a vital factor in relocation applications.  The “unaccompanied minors” arrangements of many airlines can be essential for the children and their parents but have their own cost to be taken into account   See attached article

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