The lengthening arm of the Supreme Court: the case of Re B (A Child)

Last week saw the publication of a Supreme Court judgment in a case with an unusual background which has intriguing implications for jurisdictional issues concerning children.

The facts are so unusual because although the child (B) had been born in the context of a stable same-sex relationship, the operation of law at the date of B’s birth, which was prior to 2009, meant that her non-biological mother, whom B called ‘Mimi’, did not have parental responsibility for her. Therefore when the mother secretly relocated with B for a new life in Pakistan, two years after the relationship acrimoniously broke down, B’s removal from the jurisdiction of England and Wales was not unlawful.

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2014 – Choice and Control [Part 1]

2014 has been a busy year for the family courts with significant reforms in procedure and a plethora of reported decisions. Considering this year’s developments in review, the two words that come to mind again and again are ‘choice’, and ‘control’, which are the focus of this two part blog. Continue reading

The Curious Incident of the Italian Divorce Fraud – The Rapisarda Files

The most recent judgment in Rapisarda v Colladon [2014] EWFC 35 (the facts for which seem to have been lifted from a theatrical sit-com, rather than the daily cause list) was handed down this week by the President Munby P. Continue reading

Divorce tourism – why England is the destination of choice

Divorce tourism – why England is the destination of choiceIt is August and the streets of London are experiencing that familiar lull with most people getting away from the city for a holiday. Whilst London and the rest of Britain generally might not be the holiday destination of choice for most jet setters – it continues to be the destination of choice all year round for getting divorced. Continue reading

The Tortoise and the Hare: Why the rush?

The Tortoise and the Hare: Why the rush?This week I’ve been reading a book of Aesop fables (beautifully reinterpreted by Michael Morpugo) to my boys.  The other morning we enjoyed the Tortoise and the Hare; you will be familiar with the ‘moral’; a helpful one for a mother of too hugely energetic boys – rushing isn’t the key to success and having instilled them with this important life lesson before putting my suit on, I was further heartened to see that the ‘moral’ was also relevant in answering the first question in the EU Commission’s Consultation Paper on the functioning of Council Regulation (EC) No 2201/2003 – the skills learnt at home know no bounds! Continue reading