New Titles from Family Law
As a consequence of the increased mobility of families between different countries, family lawyers are now frequently faced with international issues arising in their cases.
To reflect this much greater need for practical sources of information, providing guidance on the complexities of these international elements, Family Law has recently published the following four new indispensable guides to this rapidly expanding area of law and practice:
The 1996 Hague Convention on the Protection of Children
Nigel Lowe LLB, LLD, Professor of Law, Cardiff Law School, Cardiff University, Wales
Michael Nicholls QC, 1 Hare Court, Temple and Francis Burt Chambers, Perth, Western Australia
The 1996 Hague Convention came into force in the United Kingdom on 1 November 2012 and is intended to improve the protection of children in international situations. It provides for the recognition and enforcement within all Contracting States of widely defined measures directed to the protection of a child's person and property and aims to establish the necessary co-operation between the authorities of such States in order to achieve this purpose. To that end, the ambit of the Convention extends to parental responsibility orders, the appointment of guardians and special guardians, residence, contact, specific issue and prohibited steps orders, and also care and supervision orders.
This book provides a comprehensive guide to the complexities of the 1996 Convention, including detailed coverage of the relationship with other international instruments such as the revised Brussels II Regulation. The Appendices contain all relevant source material including the full text of the Convention.
Melanie Barnes, Penningtons Solicitors LLP
The growth in international mobility means that there are now significantly more child and spousal maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect of jurisdiction and reciprocal enforcement in this increasingly relevant and complex area.
This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders, to and from abroad. An overview is provided for all available applications under domestic law, in addition to procedural guides, analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). The summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.
A comprehensive review of the new statutory regime for claims through the Child Support Agency is also provided, so that clients can be advised about the new "gross income" scheme and how decisions interact with international law.
Ruth Cabeza, Ayeesha Bhutta and Jason Braier, All barristers at Field Court Chambers, London
With a Foreword by Mrs Justice Theis
International Adoption examines the detailed legal framework for adoption with an international element and introduces the reader to the complexities of both UK legislation and the Hague Convention on Intercountry Adoption. Thus, the title equips practitioners with the tools required to advise a client on how to:
- adopt a child in this country who is habitually resident outside of the British Isles;
- obtain legal recognition in the UK for a foreign adoption; and
- arrange for the adoption of a child who is habitually resident in this country, where the prospective adopter is domiciled and habitually resident outside of the British Isles.
The book also includes appropriate specialist information in relation to immigration matters, so as to alert the reader to the potential issues that may need to be considered. All relevant forms and statutory materials are reproduced in the Appendices.
International Adoption is an essential legal guide to this area for all child lawyers and related professionals, including social workers.
"Whilst intercountry adoption cases often result in very positive outcomes for the children concerned, the complexity and density of the regulations, and the need for co-operation between agencies nationally and internationally, can cause confusion and delay. When there are difficulties, for example a child brought into the country in breach of the provisions of s 83 Adoption and Children Act 2002, international judicial-co-operation is key to securing quick and positive results. This title will be invaluable for practitioners in the several disciplines that contribute to lawful solutions."
The Rt Hon Lord Justice Thorpe, Head of International Family Justice for England & Wales
Immigration Practice and Procedure in Family Proceedings
Contributors: Omar Shibli and Anthony Vaughan
All barristers at Garden Court Chambers, London
There is an increasing trend encountered in family law, particularly in public law children proceedings, in which immigration issues assume importance and require clarification. This practical new work concentrates on the immigration procedures, law and rules relevant to family proceedings, including coverage of key topics such as:
- Entry Clearance
- Leave to Remain in the UK
- Removal and Deportation
- Family Reunion under the Immigration Rules
- Human Rights
- Human Trafficking
- Detention and Bail
- Rights to Reside as an EU and EEA National
The Appendix contains key statutory provisions, regulations and guidance.
Immigration Practice and Procedure in Family Proceedings is an indispensable legal guide to this area for all family law practitioners, immigration adjudicators and local authorities.
Pre-order the 2017 edition today