INTERNATIONAL FAMILY LAW IN THE UNITED KINGDOM BEYOND BREXIT- FOCUS ON MATRIMONIAL MATTERS AND HABITUAL RESIDENCE OF THE CHILD

2021 ◽  
pp. 77-94
Author(s):  
Katarina Trimmings ◽  
Konstantina Kalaitsoglou
Keyword(s):  
United Kingdom ◽  
Family Law ◽  
Habitual Residence ◽  
The United Kingdom

scholarly journals Una nueva sentencia del TJUE sobre el concepto de residencia habitual en el marco del Reglamento 2201/2003: sentencia de 17 de octubre de 2018, UD y XB, AS. 393/18 PPU = A new ECJ judgment about the concept of habitual residence in the framework of Regulation 2201/2003: judgment 17 October 2018, UD v. XB, C. 393/18

2019 ◽  
Vol 11 (2) ◽  
pp. 462
Author(s):  
Beatriz Campuzano Díaz
Keyword(s):  
United Kingdom ◽  
Preliminary Ruling ◽  
Habitual Residence ◽  
English Court ◽  
The United Kingdom ◽  
Physical Presence ◽  
Made In

Resumen: Esta sentencia se refiere a la interpretación del art. 8 del Reglamento 2201/2003. La cuestión prejudicial la formuló un tribunal inglés en un procedimiento entre UD y XB, madre y padre de una menor nacida en Bangladés. Se cuestionó si la presencia física de la menor en el Reino Unido constituía un elemento necesario del concepto de residencia habitual, dado que nunca había estado en este país. La cuestión se formuló en un contexto muy particular, pues la menor nació en Bangladés debido a que la madre, supuestamente, estaba siendo retenida bajo coacción en este país por el padre.Palabras clave: residencia habitual, menor lactante, madre retenida bajo coacción en un tercer Estado.Abstract: This judgment refers to the interpretation of Article 8 of Regulation 2201/2003. The request for the preliminary ruling was made by an English court in a proceeding between UD and XB, mother and father of an infant, born in Bangladesh. The English court questioned whether physical presence was an intrinsic element of the concept of habitual residence, as the girl had never been in The United Kingdom. This question was made in a very particular context, as the child was born in Bangladesh because the mother, supposedly, was being kept through coercion in that country by the father.Keywords: habitual residence, infant, mother kept through coercion in a third State.

The recognition of extra-judicial divorces in the United Kingdom

Legal Studies ◽  
1987 ◽  
Vol 7 (1) ◽  
pp. 78-91 ◽  
Author(s):  
James Young
Keyword(s):  
United Kingdom ◽  
Family Law ◽  
Administrative Process ◽  
The United Kingdom ◽  
Legal Procedures ◽  
Mutual Agreement

Extra-judicial divorces obtainable under some systems of family law are now very familiar to private international lawyers. The most familiar is the Muslim talak, by which a husband may unilaterally divorce his wife, but there are others including other forms of religious divorces and secular divorces obtained by administrative process or simply by mutual agreement. Some of these divorces may be hedged around by legal procedures; others may be extremely informal.

scholarly journals Procedure of Issuing Religious Divorce and Resolving Matrimonial Disputes at Sharīʿah Councils in the uk

2018 ◽  
Vol 32 (1) ◽  
pp. 1-32
Author(s):  
Rafidah Mohamad Cusairi ◽  
Mahdi Zahraa
Keyword(s):  
United Kingdom ◽  
Research Methods ◽  
Empirical Research ◽  
Family Law ◽  
Community Leaders ◽  
The United Kingdom ◽  
Relative Success ◽  
Empirical Research Methods ◽  
The Uk ◽  
Civil Courts

Abstract The unavailability of civil courts to hear cases relating to Muslim family law and other related matters persuaded community leaders and religious scholars in the United Kingdom to establish several Sharīʿah councils. This article explores the role played by these councils in resolving matrimonial disputes, especially the process and procedure of issuing an Islamic divorce. Library and empirical research methods were employed. Three main uk Sharīʿah councils were visited wherein mediation and arbitration sessions, as well as monthly meetings, were observed to examine how disputes are handled and decisions made. The study leads to several findings. Mediation and arbitration are the main methods used in the process, and despite the relative success of Sharīʿah councils, they face challenges resulting from the dichotomy and overlapping jurisdictions of Islamic and English family law and the non-alignment of divorce issued by uk courts and religious divorce.

The Brussels II Regulation: How the European Community has Moved into Family Law

2002 ◽  
Vol 51 (4) ◽  
pp. 883-908 ◽  
Author(s):  
Peter McEleavy
Keyword(s):  
United Kingdom ◽  
International Law ◽  
European Community ◽  
Family Law ◽  
Private International Law ◽  
Parental Responsibility ◽  
The United Kingdom ◽  
Significant Step ◽  
Recognition And Enforcement ◽  
Council Regulation

On 1 March 2001 Council Regulation (EC) No 1347/2000 of 29 May 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of both Spouses (Brussels II) entered into force.1 In the United Kingdom at least this significant step went relatively unnoticed. Nevertheless, the Regulation marks a new departure for the European Community and is likely to be but the first in a series of instruments dealing with family law issues. This article will use an analysis of the evolution of the Brussels II initiative to explore how and why the European Community has been able to move into an area not innately associated with traditional European goals.2 It will then reflect on the wider impact of the Regulation and any future initiatives for private international law and family law in Europe.

A comparison of the United Kingdom Clinical Aptitude Test (UK-CAT) with a traditional admission selection process

2009 ◽  
pp. 1-6 ◽  
Author(s):  
Nishan Fernando ◽  
Gordon Prescott ◽  
Jennifer Cleland ◽  
Kathryn Greaves ◽  
Hamish McKenzie
Keyword(s):  
United Kingdom ◽  
Selection Process ◽  
Aptitude Test ◽  
The United Kingdom
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