Family Arbitration extended to Child Relocation Disputes

On 6 April 2020 family arbitration was extended to cover a dispute over the relocation of a child to another country.  Previously family arbitration in respect of children disputes excluded relocation because of the international element.  This important rule change will open up many matters for the benefit of family arbitration.

Arbitration is a way of resolving disputes while avoiding the time and expense – and sometimes the publicity– of court proceedings.  An independent third party the arbitrator is appointed by the parties jointly to reach a decision on how their dispute should be dealt with.  This is done after hearing both parties’ points of view and examining any evidence they may wish to provide or the arbitrator may need.  An arbitrator is selected by the parties with their lawyers and is chosen for their particular expertise in the area of the dispute

The expanded scheme now deals with disputes about:

• relocation of children to countries which are signatories to the Hague Conventions of 1980 and 1996 (which deal with children’s arrangements including abduction and parental responsibility); and

   

• those countries which are subject to the Brussels II bis (Council...

Read the full article here.