President issues guidance on international family law

Sir James Munby, President of the Family Division, has issued guidance on family cases with an international aspect. The three documents (available to download below) provide guidance on the administrative/procedural context for addressing Art 15 and / or the 1996 Hague Convention; describe procedures which are to be followed when a court in England and Wales exercising family jurisdiction seeks to invoke diplomatic assistance; and gives a note of answers to frequently asked practical questions raised in workshop settings with the MoJ.

1. President's Guidance on Liaison between Courts in England and Wales and British Embassies and High Commissions abroad.

2. Guidance provided to the judiciary in relation to the administrative/procedural aspects of transfers of proceedings under Article 15 of Brussels IIa and Articles 8 and/or 9 of the 1996 Hague Convention. HMCTS staff have today been given guidance to assist them regarding the processes, and it has been agreed that the new registers will come into effect on Monday 16th May. Available to download here: Judicial guidance - cross-border transfer

3. A note of answers to frequently asked questions (FAQ) raised through the President's Office and other agencies at a MoJ led cross-government workshop on practical issues arising in family cases with an international aspect. The introduction to the note explains limitations to its use. Available to download here: International Family Justice FAQ

The FAQ is one of the resources provided on the recently launched Knowledge Hub which the President encourages local authorities to use in preparation for public law proceedings in advance of court hearings.

The resource can be found at www.khub.net and is designed to enable local authorities to exchange information about and experience of dealing with international family cases; the Hub also has a library facility, which includes leading cases, Frequently Asked Questions and links to guidance issued by government and the President of the Family Division. The Group is called Local Authority Forum for International Family Casework. Local Authorities have been provided with joining instructions and Sir David Norgrove has asked the Local Family Justice Boards to promote information about the Knowledge Hub. It is hoped that practitioners will be aware of and make use of it.

The FAQ document specifically directs readers to the Family Court Practice (The Red Book). Online subscribers can access the 2016 version of the Red Book here. The print version will be available at the end of the month.