Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Read on
Trending articles

KP v LO (Case C-83/17)

Date:12 JUN 2018
Third slide
Law Reporter
(Court of Justice of the European Union, 7 June 2018)

Financial remedies – Maintenance obligations – Hague Protocol 2007 - Maintenance Regulation 2009 – Retroactive application for maintenance – Change of habitual residence

The Court of Justice of the European Union gave a preliminary ruling as to the interpretation of Art 4(2) of the Hague Protocol 2007 on the law applicable to maintenance obligations as approved by the Maintenance Regulation 2009


For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.

Subscribers can log in here.

Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482. 

JUDGMENT OF THE COURT (Sixth Chamber)


7 June 2018 (*)


(Reference for a preliminary ruling — Judicial cooperation in civil matters — 2007 Hague Protocol — Law applicable to maintenance obligations — Article 4(2) — Change in the habitual residence of the creditor — Possibility of the retroactive application of the law of the State of the creditor’s new habitual residence, that law coinciding with the law of the forum — Scope of the terms ‘if the creditor is unable … to obtain maintenance from the debtor’ — Situation where the creditor does not satisfy a formal legislative condition)

In Case C 83/17,

REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof (Supreme Court, Austria), made by decision of 25 January 2017, received at the Court on 15 February 2017, in the proceedings

KP
v
LO


Judgment: KP v LO (Case C 83_17).docx
Family Court Practice, The
Family Court Practice, The
Order the 2020 edition due out in May
£589.99
Emergency Remedies in the Family Courts
Emergency Remedies in the Family Courts
"A very good tool for the busy family lawyer"...
£519.99
Family Law
Family Law
"the principal (monthly) periodical dealing with...
£389