International Family Law

CORONAVIRUS - FAMILY LAW UPDATE

Sadly, family problems continue during this difficult time. Many are finding the current restrictions difficult which is giving rise to additional stress and anxiety.

Some may need a non-molestation or occupation order to protect them from an immediate risk of harm arising from someone in their household,  others may have problems with contact with their children, some will need financial help or emergency maintenance or general advice on a wide range of family law issues. 

The courts continue to operate, although the vast majority of cases will take place by remote means including video-hearing and telephone links.

Emergency, and other applications are still being accepted and processed and whilst it is not “business as usual” the courts are open.

We continue to offer the same service as before with the only change being that all appointments are now by video or telephone and papers will need to be submitted electronically.

If you need help in an emergency or general legal advice please do not hesitate to get in touch.

RELOCATION OF CHILDREN ABROAD

When international families go through divorce or separation, the living arrangements of children can be hard to agree on. If these matters are mishandled, the results can be far-reaching and emotionally devastating for the family members involved. Our international family law barristers are skilled at charting a path towards resolving the issue of children relocating abroad, with a strong record of achieving the best outcome for our clients.

Whether you want to make an application for leave to remove a child, or are faced with an application from your ex-partner, we are here to help. We listen to your unique circumstances and help you move forward to find a workable solution for your family’s wellbeing. If necessary, we can take urgent action to prevent the relocation of a child or children abroad.

cross-border disputes

Disputes that occur across national borders can be legally complex. If you are an international family who need to resolve a dispute, our international family law barristers are uniquely placed to help. We have significant experience of dealing with international disputes, with strong crossover expertise in related areas of law, such as immigration and community care law.

We act swiftly and effectively for parents who are asserting that the English courts have jurisdiction, or are challenging the jurisdiction of a court abroad. Our advice is clear and comprehensive, and we fight hard to secure the best outcome for our clients.

forced marriage

A forced marriage is where one or both people do not consent to the marriage and pressure or abuse is used. It is illegal in the UK. In international cases of forced marriage, people may be taken abroad without knowing that they are to be married. When they arrive in that country, their passport(s)/travel documents may be taken to try to stop them from returning to the UK.

The pressure put on people to marry against their will can be physical (including threats, actual physical violence and sexual violence) or emotional and psychological (for example, when someone is made to feel like they’re bringing shame on their family). Financial abuse (taking your wages or not giving you any money) can also be a factor. 

If you or someone you know is being forced to marry against their will, please get in touch to seek legal advice. Our barristers have a wealth of experience acting in cross-border cases of forced marriage and strong crossover expertise in immigration law. If necessary, we can apply for a protection order from the court and take steps to make sure it is complied with and enforced. 

female genital mutilation

Members of Garden Court have been prominent in providing legal advice to organisations such as FORWARD UK, as well as writing reports to the Parliamentary Inquiry into FGM and to the UN arguing for more effective protection for girls against mutilation. 

If you or someone you know is at risk of FGM and needs help, please get in touch for legal advice. We can help you apply for a protection order, and take steps to make sure it is complied with and enforced.  We have strong links with support groups who are committed to gender equality and safeguarding the rights of African girls and women. Our crossover expertise in areas of law such as immigration and asylum and community care means we are uniquely qualified to help in FGM cases where there is an international dimension.

adopting abroad

More and more people are looking to adopt children in other countries in order to complete their families. While there are many people who come to provide a loving home for a child from abroad, the process is legally complex and requires highly specialist legal support.

Our international family law barristers are adept at handling the complex immigration and regulatory issues surrounding the adoption of a child from abroad. We will explain clearly the strict rules and regulations that may apply to your situation, whether you are living in the UK or abroad. We can advise you on how to meet the requirements for approval from local authorities and adoption agencies, and help you with your application from start to finish.

surrogacy abroad

International surrogacy raises highly complex issues of family and immigration law. With unrivalled crossover expertise in these areas of law, the team at Garden Court is uniquely placed to advise and represent you. Our barristers will consider the legality of the surrogacy in the foreign country, the child's immigration and nationality status and the ability to bring the baby into the UK.  With expertise and conviction, we will fight for your best interests every step of the way.