Family Law Publications

Family Law Committee Publications

The Family Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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From the Chair
By Zenobia du Toit
Outgoing Chair Zenobia du Toit writes to the Family Law Committee members of the Committee’s achievements across 2018.
From the Editor
By Ranjit Malhotra
The Family Law Committee Newsletter Editor introduces the e-bulletin.
A tale of two cities – the divorce divide
By Jennifer Wilkie and Harriet Errington
This article explains that in the event that a couple has residences in both Scotland and England, establishing where a divorce ought to take place could be critical to the eventual outcome, as divorce law differs across the two countries.
The approach by judges to the assessment of the grave risk of harm in cases involving domestic violence
By Onyoja Momoh
This article revisits the X v Latvia case and analyses the principle of effective examination to discuss when domestic violence is a sound basis for applying Article 13(1)(b) of the Hague Child Abduction Convention.
How final is a final order?
By Ros Bever and Hayley Trim
This article explains that there are sometimes difficulties in enforcing a financial order after a divorce and outlines a few limited circumstances where further claims could be brought in the future.
Contact failure, parental alienation and therapeutic jurisprudence
By Judge (ret.) Philip Marcus
This article explores the possible reasons for contact failure after a high-conflict divorce and some of the ways the Courts can intervene to prevent further alienation between a child and a parent.
Joint Sessions of the Italian Supreme Court of Cassation: a new reading of spousal maintenance
By Giovanni Cristofaro
The article explores the history of spousal maintenance in Italy, and how the decision no 18287 of the 11 July 2018 aims to restore equilibrium after the dissolution of the marriage bond.
Contemporary medical perspective of surrogacy in the Indian context
By Nayana Patel
This article gives an overview of surrogacy in India: including the differences between tradition and gestational surrogacy, and the various aspects and concerns involved.
Whatever happened in Owens v Owens? A cautionary tale in English divorce law
By Frances Burton
This article gives an overview of the case and the implications of the Court’s decision to dismiss Mrs Owens’ final appeal.
Legal and practical aspects of parental agreements in Ukraine
By Iryna Moroz
This article outlines parental agreements in Ukraine, which can make many disputable issues easier to resolve.
Child custody and guardianship: issues and challenges in India
By Anil and Ranjit Malhotra
This article gives an overview of the varying judicial interpretations of the Supreme Court of India in child custody disputes involving inter-parental, intra-country and inter-country child removal.
Section 377: amendments of a 380-degree size and speed required in family and immigration law
By Ranjit Malhotra
This article attempts to look at the immediate need for scope and reform in the domain of family and immigration law pursuant to the handing down of the bold historic judgment of the Honourable Supreme Court of India on 6 September 2018.
UK leaving the EU and Brussels II Revised: a return to the mirror order
By Jeremy Rosenblatt
This article explains the implications of Brexit for future family law cases.
A view from the UAE on parental child abduction
By Hassan Elhais
This article looks at a case of parental child abduction where multiple legal challenges intersected to give an overview of the situations in which extradition requests are invalid and the legal challenges of returning a child who has been abducted by a parent.
The Hague Conference on Private International Law 2018: highlights from the Permanent Bureau
By the Permanent Bureau of the Hague Conference on Private International Law
The article outlines the purpose and work of the Hague Conference on Private International Law.
Modification in Spain of child arrangement orders based on the principle of the child’s best interest
By Esther Susin Carrasco
This article argues that though the Spanish legal system reflects the principle of the best interests of the child, until recently, it was not possible to determine how this best interest was to be understood, since there was no list of criteria in Spanish law.
Australian family law in a state of flux
By Stephen Page
This article explains the implications of a government bill before Federal Parliament that proposes to restructure the family courts so that the Family Court of Australia is abolished.
Report of Justice Rajesh Bindal Committee
By Anil Malhotra
This article outlines the suggested model legislation to safeguard the interest of parents and children both within India and beyond given by the Ministry of Women ad Child Development high-level Committee on 18 May 2017.
Book launch of The Removed Child and the Law in India followed by a panel discussion
By Anil and Ranjit Malhotra
This article gives an overview of the book launch and the topics discussed by legal luminaries, who examined the issues arising out of domestic violence.
Family Law Committee Update December 2018
This issue contains a diverse range of articles from global jurisdictions, covering topics including cross border inter parental child removal both in Hague Convention and non-Convention countries, children's issues, surrogacy, adoption and same sex relationship legal rights. 
The US Constitution’s ‘Full Faith and Credit Clause’: recognition of same-sex marriages
By Zia Akhtar
The ‘Full Faith and Credit Clause’ of the US Constitution addresses US states’ duties to respect the ‘public acts, records, and judicial proceedings of every other state’. Under this clause, a state is required to give full faith and credit to judicial orders from other states, including marriages and divorces. However, it does not require a state to recognise marriages registered in a different state if it has a different public policy.
Family Law Update, December 2017

This issue contains a diverse range of articles from global jurisdictions, covering topics including the short divorce in Italy, compulsory mediation in the civil and family courts, and an overview of the Experts' meeting on domestic/family violence and the 1980 Hague Child Abduction Convention. Committee members click here to login and download.
Family Law Update, December 2016

This issue contains feature articles on legal developments in Family Law, ranging from international child abduction to the complications surrounding surrogacy laws, as well as Family Law updates from around the world and two book reviews. Committee members click here to login and download.
IBA Family Law Committee, Annual Conference edition 2015

This special edition of the IBA Family Law Committee newsletter focuses on international surrogacy and features articles from every major jurisdiction in the world, including Australia, Canada, England and Wales, France, Hong Kong, India, Russia, South Africa and the United States.
Family Law Committee newsletter, July 2014

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Family Law Committee newsletter, September 2013

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Family Law Committee newsletter, September 2012

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Family Law Committee newsletter, September 2011

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Family Law Committee newsletter, September 2010

Download the Family Law Committee Newsletter, September 2010, featuring articles on... (PDF download, members will need to login using their IBA username and password)