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The Review Issue 211
With the outbreak of Covid-19 many of you will not be at your offices to receive your printed copy of The Review but help is at hand. For every issue we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.
Learning at home
We bring together a selection of digital resources and learning materials that can be accessed to learn at home.
Guidance For Family & County Court Judges – Covid-19 Measures
This guidance for Family and County Court Judges through the COVID-19 pandemic was issued by the Judiciary of England and Wales on 23 March 2020.
Guidance note on the use of video and other technology
During this time of special arrangements for everyone due to the Coronavirus outbreak we are aware that all our members are doing their upmost to continue to serve the needs of clients.
What family lawyers need to know about criminal law: Introduction
As with most areas of contentious law, having to instruct a criminal or family lawyer is seldom a happy process for the client. Unfortunately, the nature of relationship breakdown means that all too often family proceedings result in the need for criminal advice.
COVID 19: National Guidance for the Family Court
The president of the family division, Sir Andrew McFarlane, has issued the following guidance which should be followed with immediate effect by all levels of the Family Court and in the High Court Family Division.
Guide to International Family Law
Family courts in England and Wales are increasingly dealing with international family law cases – much more so than even just a few years ago – indeed there is every likelihood that Brexit will increase the amount of litigation in England and Wales.
Establishing a healthy client relationship in an online environment
Adele Ballantyne, Director of Eleda Consultancy and Marcie Shaoul Director of Rolling Stone Coaching have come together to talk about how to effectively build online relationships with clients.
Mediation Foundation Training - qualifying as a mediator with Resolution
Join the largest network of family mediators in England and Wales and start your mediation training with Resolution.
Finance Update 2019
Listen to the Finance Update presented at Resolution's National Conference 2019 by Grant Howell and Andrew Newbury (5th April 2019).
Key terms in international family law
This is a glossary of key terms in international family law.
Useful links - Guide to International Family Law
This list of useful links and resources accompanies Resolution's Guide to International Family Law.
Table of forms - Guide to International Family Law
This table of forms accompanies Resolution's Guide to International Family Law.
Table of cases - Guide to International Family Law
This is a table of cases that accompanies Resolution's Guide to International Family Law.
Table of legislation - Guide to International Family Law
This is a table of legislation that accompanies Resolution's Guide to International Family Law.
Immigration issues for family lawyers
This chapter considers different immigration law issues that can arise across the spectrum of international family law.
International public law
This chapter considers what is required to achieve jurisdiction so that an order can be made under Part IV of the Children Act 1989.
International adoption
This chapter deals with the issues that may arise when dealing with an international adoption.
Surrogacy
UK law supports surrogacy if it fits a model deemed acceptable: purportedly altruistic, consenting and privately arranged. Surrogacy is therefore not illegal in the UK but it is restricted by legislation.
International relocation and leave to remove
The issue discussed in this chapter arises when or after an international relationship breaks down and either of the parents wishes to relocate.
Child abduction
Always consider child abduction/retention in any case involving a child and a foreign element.
Children: applicable law
The fundamental rule in this jurisdiction is that the responsibility of a parent as regards the person and upbringing of a child is unaffected by domicile or nationality.
Transferring proceedings, lis pendens and stays
This chapter looks at how it is possible to transfer parental responsibility proceedings between member states, beyond the jurisdictional rules.
Children: jurisdiction
To the extent that there is a codified jurisdictional rule in England & Wales, it is found in Chapter II of the Family Law Act 1986 (FLA 1986). Never the easiest piece of legislative drafting, the Act has grown increasingly more cumbersome through successive amendments to take account of various international instruments concerned with jurisdiction.
Enforcement
This is a quick reference guide to assist in identifying the appropriate regulation, statute or convention, but in all cases it is necessary to review the specific instrument to ensure that it applies
International aspects of pensions
The issues discussed in this section arise when the financial resources of a couple divorcing in England & Wales include an overseas pension or the family lawyer is contacted by an overseas lawyer to explain that the financial resources of a couple divorcing abroad include a pension from an English provider.
Trusts
This section summarises various types of trusts and what steps the family solicitor should consider when faced with one. It is beyond the scope of this guide to provide more than a brief overview of this complex subject.
Swearing of documents and the taking of evidence abroad
This chapter deals with whether it is possible to swear a document abroad to be used in English proceedings and who can swear a document abroad; the taking of evidence abroad; and evidence of foreign law.