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The key pieces of domestic English and Welsh legislation addressing this topic are the Domicile and Matrimonial Proceedings Act 1973 and the Family Law Act 1986. As with all legislation, we recommend that you avoid legislation.gov.uk, and instead refer to a subscription database such a Lexis or Westlaw. This will ensure that you are working with an up-to-date version.
Hague Convention on the Civil Aspects of International Child Abduction 1980
Access to the original text of the Convention governing parental child abduction and return procedures across the world, including in the USA, Canada, Australia, South Africa and throughout the EU.
Statistical usage of Hague Abduction Convention 1980
Provides research data on the use of the Child Abduction Convention 1980. Includes details of the number of applications for return of children from each signatory State, time taken for return, the form of return of the child, and reasons for refusal where return of the child is not ordered.
Access to the original text of the global Convention governing jurisdiction and recognition of judgments relating to children, of which the UK is a signatory state.
EU Cooperation on Family Law after ‘Brexit’ Government proposals
Original text of the UK government’s proposal for arrangements with the EU regarding family law and other areas of civil law cooperation post-Brexit. Suggests an individual arrangement between the UK and the Member States could preserve the current system under the Brussels II Revised Regulation.
Law Society Guidance: Family Law Post-Brexit
The Law Society has provided guidance to practitioners on the operation of private and public family law proceedings with an international element affecting an EU Member State post-Brexit.
Pew Research Centre ‘Gay Marriage Around the World’
Provides a summary of the status of gay marriage rights in different countries around the world, identifying the country and the process by which gay marriage became legal in each jurisdiction.
Westminster CC v C and Others [2008] EWCA Civ 198
This case considers capacity to consent to marriage, and recognition and acceptance of a valid foreign marriage in English law. Recognition of a marriage valid under Bangladeshi law was refused on the grounds of public policy as the husband in England did not have capacity to consent to the marriage.
Woman’s Hour Debate on Child Abduction
Explores the impact of parental child abduction on families, and the difficulties of returning children from Pakistan, which is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction 1980.
European University Institute Panel debate on implications of Brexit
The EUI panel considers the legal implications of ‘Brexit’, including for family law.