Forum Disputes
In some instances, a number of different countries may (prima facie) have jurisdiction to hear and determine a family law matter. This may occur, for example, where the parties are located in different countries or where the parties own property in more than one country.
In these cases, it is often important to identify at an early stage which countries may have jurisdiction, how the law may apply in each of those jurisdictions and which jurisdiction is likely to be the most advantageous. Sometimes swift action is required to secure the best forum for the resolution of the dispute. This may require filing an urgent Court application in the preferred forum and/or applying for a stay of any proceedings filed in another forum.
Our expert family lawyers understand forum considerations and are experienced in conducting forum dispute litigation.