Section outline

  • You can listen below to the specific issues covered by the roundtable.

    Jurisdiction

    Jurisdiction - divorce

    Scenario
      • Thomas is German, Sarah is English
      • They married and lived in Germany but separate and Sarah returned to England six months ago
      • They both want to divorce in their country of origin (due to a perceived legal advantage)

    Jurisdiction - maintenance

    Scenario
      • Thomas is German, Sarah is English
      • They married and lived in Germany but separate and Sarah returns to England
      • Having returned to England, Sarah petitions for divorce and wants an order from the English court for Thomas to pay her maintenance

    Recognition and enforcement

    Recognition and enforcement - divorce

    Scenario
      • Thomas and Maria are Irish citizens living in England. That is their place of ‘habitual residence’ but both retain their Irish ‘domicile’.
      • Their marriage breaks down and one of them issues divorce proceedings in England on the basis of their shared habitual residence.
      • The divorce is granted, ancillary issues are dealt with in England.
      • Later they move back to Ireland and each wishes to remarry.
      • Naturally they want to be able to have their divorce recognised in their home country of Ireland.

    Recognition and enforcement - maintenance

    Scenario
      • As before, but Thomas refuses to pay the maintenance ordered by the English court
      • Sarah wants to enforce the maintenance order in Germany where she knows Thomas has assets

    Intra-UK issues


    Children

    Children - abduction

    Scenario
      • Thomas is French, Sarah is English.
      • They live together with their child, Charlie in France. The parents separate and disagree about where Charlie should live.
      • Sarah takes Charlie to England without Thomas’ knowledge or permission.
      • Thomas wants Charlie to be returned to France

    Children - private law

    Scenario
      • Thomas is French, Sarah is English.
      • They live with their child, Charlie, in England. The parents separate.
      • Sarah is given permission to move back to France with Charlie. An order is made for contact between Thomas and Charlie but Sarah disobeys the order and refuses to let Thomas see Charlie.
      • Thomas wants to enforce the order so he can see Charlie.

    Children - public law

    Scenario
      • Sarah is from Poland but is living in England with her baby, Charlie
      • The authorities are concerned about Sarah’s care of Charlie due to her mental health and consider she is not suitable to care for the baby so they issue proceedings to have the Charlie removed from her care.
      • Sarah has family in Poland who may be suitable to care for Charlie.