A Practical Guide to 'Stranded Spouses' in Family Law - Second Edition

The existence of 'stranded spouse' cases in family law has existed for many decades. Now, it is recognised in PD12J FPR 2010 as 'transnational marriage abandonment'. The issues that emerge in stranded spouse cases are complex in nature but also extremely emotive. In the family law context, stranded spouse cases raise issues that practitioners and the courts of England and Wales have to grapple in a sensitive and effective manner. This is because ultimately, the court is concerned with the welfare of the subject children who may be caught up is undoubtedly a form of domestic abuse and the welfare of the subject children are as a consequence prejudiced.

This is the second edition of the book. The focus provides practitioners a toolkit as to how the courts of England and Wales deal with the vast number of issues that arise in stranded spouse cases. In particular, this book will outline the strategies practitioners can adopt when representing either parent or the subject children throughout each stage of proceedings. This book will illustrate the powers that can be utilised by virtue of the inherent jurisdiction.

The second edition of the book has been fully updated to refer to recent case law and to focus on the principles that have emerged. Moreover, the book has been designed to offer practical assistance for all involved in the proceedings, whether you represent the applicant, respondent or even the children. There are new chapters throughout the book on concepts related to: jurisdiction, vulnerability, enforcement and a chapter on a toolkit for practitioners to have in mind when undertaking these cases.

CONTENTS

An Introduction to Stranded Spouse Cases

Defining Stranded Spouse

Stranded and Separated and the Inherent Jurisdiction of the High Court

The Use of Wardship in Stranding Cases

Stranded and Separated From the Children

Stranded With the Subject Children

Being Stranded With the Perpetrator

Participation of Parties in Stranded Spouse Cases - Vulnerability and Special Measures

Potential Outcomes in Stranded Spouse Cases

Fact-Finding Hearings in Stranding Cases

Jurisdictional Disputes

Enforcement and Contempt Proceedings

Practical Toolkit For Lawyers

Conclusion