“Not only encouraged but essential”: judicial collaboration in international family disputes

Edward Bennett

Solicitor Legal Secretary to the Head of International Family Justice for England and Wales.

"Globalisation and the ever increasing movement of persons across borders has meant that it is no longer possible not to integrate a consideration of international factors into the domestic practice of family law.

Judicial Collaboration has since at least 1998 been established as a key tool to assist practitioners and judges in resolving cases with an international angle from across the family law spectrum in the best interests of children and of justice in general. It has: (i) been approved by the Supreme Court; (ii) been either engaged with utilised treated as a permanent feature or cited with approval by the last four Presidents of the Family Division; (iii) proved key to the resolution of family cases across the United Kingdom jurisdictions; (iv) had its value recognised internationally; and (v) had its availability considered a relevant factor by the English courts in their decision making process.   

It is good practice for practitioners to assess whether Judicial Collaboration is suitable for use in a case prior...

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