A Practical Guide to International Issues for Scottish Family Lawyers - Paperback

by Susie Mountain (Author), Donna McKay (Author), Ken MacDonald (Author)

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