Rapid rise in global family disputes

Written By Unknown on Rabu, 01 Mei 2013 | 15.36

30 April 2013 Last updated at 21:12 ET

The number of cross-border family legal disputes referred to a UK judge who offers global assistance in such cases has quadrupled in just four years.

The Head of International Family Justice for England and Wales handled 253 cases in 2012, up from 65 in 2008.

It says it is dealing with a wider range of issues - including child abduction, relocation, inter-country adoption and forced marriages.

Lord Justice Thorpe says it is because there are more international families.

The Office of the Head of International Family Justice describes itself as a "helpdesk", offering advice to judges and lawyers acting in international disputes, as well as negotiating with judges in other countries.

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In the report - which Lord Justice Thorpe has co-written with Edward Bennett, the lawyer who supports him - he said the rise in requests for help was down to two factors.

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Elsa - now 6 - was taken by her father, Tamer, from a holiday apartment in in Egypt in 2011.

Her mother Naomi Button says: "Tamer was against the divorce despite me asking for it for three years. Tamer wished me to give up all my parental rights and wanted he and Elsa to remain in Egypt.

"He said I could stay or go. I was distraught and felt powerless but I refused to sign the contract.

"From this point onwards, Tamer did not let Elsa and I out of his sight.

"At night, he locked us in the apartment and sat behind the bedroom door. He also had his brother guarding us.

"It was on 27 December that Tamer took Elsa from the apartment whilst I was on the balcony contacting family to alert them to what was happening.

"I was arranging for my brother to fly out to Egypt. I immediately tried to reach Tamer only to receive reassurance from him that he had taken Elsa to the local shops and that they would return to the apartment soon.

"I alerted the British Embassy although at this stage I expected them to return. I became increasingly anxious trying to contact by text and phone calls.

"Eventually Tamer had sent a text message to say that he had taken Elsa to a safe, undisclosed location and I would not see Elsa until I went to Cairo and signed an agreement giving up my parental responsibilities."

"The first is the ever increasing number of international family cases coming before the courts, necessitating assistance from an overseas judge or vice versa," he said.

"The second is the increasing awareness amongst judges and practitioners throughout the world of the service that the Office provides and the benefits it can bring."

Lord Justice Thorpe said co-operation between countries on family law was needed due to "globalisation, increasing movement of persons across borders, and the ever rising number of family units which are truly international".

In 2012, 127 cases involved European countries; 39 the Middle East and Asia; 35 the Caribbean, north, central and south America; 26 Africa and 15 Australia and New Zealand.

A total of 11 requests were not counted as they either did not relate to an international matter or just sought generic advice.

The country with the highest number of cases was Poland, with 14, followed by Pakistan (13) and Spain (12).

The report includes the case of a mother who had taken her children to France to prevent them from being taken into care.

They were found living on a waterlogged caravan site, were not attending school, were not registered with a doctor and the mother had no income.

In another case, the Office obtained the assurances of the Cypriot attorney general that a woman agreeing to return from Britain to Cyprus with her child would not be prosecuted by the Cypriot authorities.

Lord Justice Thorpe said: "We acknowledge, as would all individuals concerned or involved with family justice, the additional emotional distress that is caused to any family by the inclusion of an international dimension.

"It is incumbent upon anyone who works in such a sensitive area to try and find ways of mitigating such stress, to the extent that it is possible to do so."


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