How far should a couple’s historic connections with a country influence where their divorce takes place? Two recent decisions have brought renewed uncertainty to an area of law that had appeared relatively settled. Michael Allum looks at the differing judicial approaches and considers what they mean for determining the appropriate forum in international divorce cases.
In T v S [2025] EWHC 3581 (Fam) the High Court considered whether a parent can give valid consent to a child’s relocation before the child is born. Kesha Pabari acted for the respondent mother in this case and examines the court’s approach to consent under Article 13(a), the realities of parental discussions during pregnancy, and the wider context of Hague Convention defences.
Joe Ferguson and Katy Halliday examine the evolving approach to conduct in financial remedy proceedings, exploring tensions between established case law and procedural limits. Drawing on two of Cusworth J's recent judgments, they consider whether the courts are beginning to take a broader, fairness-based view of conduct – and whether a genuine shift may be underway.