A Practical Guide to International Issues for Scottish Family Lawyers

This book navigates a way through various jurisdictional matters to which practitioners should have regard when tendering advice to family law clients. Even where a case initially appears to be straightforward, it is imperative (from a risk management perspective) to ensure that comprehensive advice has been provided.

For families, increased global mobility has potential significant consequences. This practical guide distils the key issues into accessible sections, focussing on jurisdiction, enforcement, arbitration, protective agreements and the movement of children. This is a useful reference guide for those involved in advising clients on a daily basis, for the preparation of legal submissions, for students or simply those with an interest in this fascinating area of law.

CONTENTS

Chapter One - Relationships Entered Into Abroad
Chapter Two - Jurisdiction on Separation: Scotland
Chapter Three - Jurisdiction on Separation: UK and the Channel Islands
Chapter Four - Raising an Action in Scotland: Which Court?
Chapter Five - Brexit
Chapter Six - Contest of Jurisdiction
Chapter Seven - Protection: Pre and Post Nuptials and Other Forms of Agreement
Chapter Eight - Arbitration
Chapter Nine - Enforcement
Chapter Ten - Parental Rights and Responsibilities
Chapter Eleven - The Hague Convention
Chapter Twelve - Relocating With Children: "Shared Parental Intention"
Chapter Thirteen - The Welfare Principle
Chapter Fourteen - Views of Children
Chapter Fifteen - Other Considerations for the Court in Child Relocation Cases
Chapter Sixteen - Relocating From Scotland to Other Countries
Chapter Seventeen - Preparing Your Client's Child Relocation Case
Chapter Eighteen - Cases of Interest
Chapter Nineteen - International Child Abduction After Brexit
Chapter Twenty - Habitual Residence
Chapter Twenty-One - Conclusion