David Hodson on International Family Law: The new Family Procedure Rules 2010 in international cases

On 6 April 2011 England and Wales has a new procedural set of rules with ancillary practice directions and very different forms.  What is striking about these 2010 Rules as distinct from the 1991 Rules is the considerable reference to European Union legislation of various forms; substantive and procedural.  Several Parts of the new Rules deal exclusively with international aspects.  If evidence was needed that English family law now operates in the international family justice system the new Rules prove it.

One dramatic change is the requirement that an applicant for children or financial orders should first see a mediator to see if mediation is suitable including making contact with the proposed respondent.  Some exemptions are available which will be fundamental in first to issue lis pendens cases under Brussels II.  Contacting the other party e.g. about mediation before securing jurisdiction could be fatal.  However many non-EU countries in forum disputes...

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