Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

David Hodson on International Family Law: Relocation! Relocation! Relocation!

Sep 29, 2018, 17:56 PM
Slug : david-hodson-on-international-family-law-0
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 14, 2010, 02:50 AM
Article ID : 91063
David HodsonChild abduction is one of the worst events which can occur in the life of a child. It is a criminal offence. It is treated exceptionally seriously, with combined worldwide action. The consensual flip side is child relocation. A parent wishes to move abroad permanently with a child seeks the permission of the other parent or of the court. However whereas child abduction has at least two major international conventions supported by governments of over 70 countries with relatively harmonised law and approach, child relocation has no uniformity of approach, of law and of international convention. Until now.
A conference in Washington, USA, in March 2010 held under the auspices of the Hague Conference brought together over 50 lawyers and experts from many countries and produced an agreed resolution, the Washington Declaration (see  International Family Law 2 2010 at p 211). It identifies relevant factors for international relocation decisions. This is a major step forward. It is desperately needed to produce harmonisation of outcomes around the world, not least in England which has probably the world's most liberal and generous relocation law and which has attracted much criticism from English lobbying groups, family lawyers and some judges. Lord Justice Thorpe writing in June Family Law (at p 565) about the conference says that if England were to subscribe to the Declaration it would represent a significant departure from English relocation law principles. Yet he also accepts that it is not difficult to argue for a change in the law given the changes in parenting patterns over the past 40 years or so. Perhaps with a new President who has been previously critical of English relocation law, we can have a new direction very soon, giving greater weight to continuity and ongoing relationship with the so-called "left behind parent". A change is very overdue.
This makes even more vital the conference being held 30 June - 2 July 2010 in London by The Centre for Family Law and Practice, London Metropolitan University on International Child Abduction, Relocation and Forced Marriages. Over 150 of the world's leading family lawyers, academics, judges and policymakers are attending. It is to be hoped that good progress can be made towards harmonisation and mutual understanding of appropriate principles for permitting child relocation around the world.
David Hodson is a Consultant at The International Family Law Group. He acts in complex family law cases, often with an international element. 
He is an English specialist accredited solicitor, mediator, family arbitrator, Deputy District Judge at the Principal Registry of the Family Division, High Court, London and also an Australian qualified solicitor, barrister and mediator. He is a Fellow of the International Academy of Matrimonial Lawyers and author of A Practical Guide to International Family Law (Jordan Publishing, 2008). He is chair of the Family Law Review Group of the Centre for Social Justice. He can be contacted on dh@davidhodson.com.
The views expressed by contributing authors are not necessarily those of Family Law or Jordan Publishing and should not be considered as legal advice.
Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from