Marilyn Stowe Blog

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High Court judge warns parents against travelling to Ireland to escape care orders

High Court judge Mr Justice Cobb has told parents who fear their child will be taken into care that Ireland cannot provide ‘sanctuary’. Ruling in the case of an English mother who had crossed the Irish Sea to try and escape care proceedings, the …

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Baby is not a resident of any country, court declares

In an unusual case, the High Court has declared that a baby born in the UK to Slovakian parents is not ‘habitually resident’ in either country. In Re T, a 16 year-old girl from the eastern European country had been placed in a mother and baby …

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Romanian mother fails in her attempt to overturn residence order

A Romanian woman living in York has failed in her attempt to overturn registration of a court order from Romania granting care of her child to his father. GB v RNB concerned a couple from the eastern European country who married in 2007. Their son …

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High Court rules in favour of UK jurisdiction despite habitual residence in Ireland

In a recently published judgement, the Family Division of the High Court has ruled that a case involving the welfare of two children should continue in British courts despite their mother having moved with them to Ireland since the beginning of the …

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A Child can still be Habitually Resident in one country even when living in another

More than once I have commented that the dry dusty pages of High Court judgements can be deceptive. They in fact are the stuff of desperate people whose family lives have imploded. It would be a mistake for anyone interested in the operation of …

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A continental perspective and a shuttlecock baby

Moving abroad is always a big step, whether for work, a new relationship, or just a little more sunshine. Expatriates have contend with legal systems and cultures that may be very different to those in the UK, colouring their experience of such …

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An update on child abduction and the Hague Convention. By guest blogger Jennifer Hollyer

What happens when parents separate abroad and one of them wants to return to England and bring the children with them? The prospect of desperate parents resorting to child abduction immediately throws up a raft of complex emotional and legal …

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All about domicile: what it is, and how to assert it

As I mentioned in my post about habitual residence, this blog receives a number of enquiries from people living outside England, enquiring whether it is possible to divorce in England. In that post, I explained that in order to do so, an applicant …

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How do you demonstrate habitual residence?

This blog receives many enquiries from people overseas who wish to know if they are able to present a divorce petition in England. The answer, quite simply, rests on whether or not there is jurisdiction to do so. In other words: can you demonstrate …

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Leave to remove and the vexed question of jurisdiction. By guest blogger Jennifer Hollyer

I read Marilyn Stowe’s recent post with interest, as I have come across or worked on a number of cases in which one parent wanted to move abroad and the other battled with the idea of being left behind. The remaining parent often struggles to …

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The client, the London office and Staffordshire University's Annual Family Law School Seminar: what a week!

On Tuesday last week in the Stowe Family Law Cheshire office, I was able to deliver the outcome that a client had wanted for many months. Hard-fought cases are, by their nature, hard-won. Not every longed-for outcome can be handed over on a plate, …

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divorce-book

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Marilyn’s Thought For The Day

The young man knows the rules, but the old man knows the exceptions.

- Oliver Wendell Holmes

Awards

UK Blawg Awards 2010

About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.

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Note

All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.

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