Académique Documents
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Gender, Inclusivity
and Protecting the
21 Century Family
st
Conference Venue:
THE UNIVERSITY OF WESTMINSTER
Westminster Law School,
4–12 Little Titchfield Street,
London, W1W 7UW
www.icflpp.com
Conference Rapporteur:
Professor Stephen Gilmore, King’s College, London
Assistant Rapporteurs:
Annabel Barrons, 1 Garden Court
Miriam Best, 4 Paper Buildings
Paige Campbell, Miles and Partners
Kate Ferguson, Harcourt Chambers
Leah Hauser, Miles & Stockbridge
Laura Hunter Watkins, Penningtons Manches
Jessica Johnson, Penningtons Manches
Shabina Begum, Dawson Cornwell
James Netto, Dawson Cornwell
Patrick Paisley, 1 Garden Court
Anna Sutcliffe, 1 King’s Bench Walk
Conference Administrator:
Victoria Stephens
Conference Assistant:
Laura Culshaw
Student Ambassadors:
Ama Tekyi-Berto, University of Westminster Law School
Yassmin Elmi, University of Westminster Law School
Telli Aydin, University of Westminster Law School
Wednesday 3rd July 2019
8.00 REGISTRATION
8.50 Welcome, and Dedication of the Opening Plenary Session of the 2019 Conference to the Memory of the
late Sir Peter Singer, Retired Judge of the Family Division of the High Court of England and Wales
Professor Marilyn Freeman, PhD, Co-Director, International Centre for Family Law, Policy and Practice, and Principal Research
Fellow, Westminster Law School
Chair: The Honourable William Alstergren, Chief Justice of the Family Court of Australia
10.10 Professor Linda Silberman, Martin Lipton Professor of Law, New York University School of Law
The Hague Abduction Convention in the Era of “Me-Too”: Can it Survive?”
Paper 1 Dr Lesley Allport, Vice Barbara Connolly QC, Ulla Glaeser, European Associate Professor Karolina Zoi 03
Chair of the College of 7BR University Frankfurt Ingrid Boone and Andriakopoulou
Paper 2 Associate Professor Marjolein van den Anita Guha, 7BR, Dr. Adiva Sifris, Zenobia Du Toit,
Susanne Burri, Utrecht Brink, Utrecht London and Sulema Associate Professor, Attorney, Miller Du
School of Law, The School of Law, The Jahangir, Dawson Monash University, Toit Cloete, South
Netherlands Netherlands Cornwell Melbourne, Australia Africa
Assessing the The exercise of the The 21st century Who Ought to be Transgender Issues in
(potential) impact of ‘right to gender phenomena of the Parents? South Africa
EU work-life balance identity’ of aliens stranded spouses Commerical Surrogacy
policies, legislation and legally residing in The Arrangements in
case law on families Netherlands Australia, a Continuing
from a gender Saga
perspective
Wednesday 3rd July 2019 (continued)
Paper 3 Liz Picker, Barrister, Mark Anderson, Dr Michelle Fernando, Carmel van Niekerk, Philip Marcus,
Edmund Barton Barrister, Sydney, Senior Lecturer, School Lecturer, Department Retired Judge of the
Chambers, Sydney, Australia of Law, University of of Private Law, Faculty Jerusalem Family
Australia Gender Dysphoria and South Australia of Law, University of Court, Israel
The Australian Family Australian Caselaw The Child’s Objection in the Western Cape, Parental Alienation is
Law System – A Time of Hague International South Africa Child Maltreatment:
Change Child Abduction Cases in Daddy or donor? The What is the correct
Australia rights of known sperm legal response?
donors in South Africa
and the legal
implications for single
women
1.00 LUNCH
Chair: Sir Mathew Thorpe, previously Head of International Family Justice, England and Wales
2.10 Philippe Lortie, First Secretary, The Permanent Bureau, The Hague Conference on Private International Law
Recognition and Enforcement of Agreements in Family Matters
Paper 1 Deb Inder, Lawyer Alexandra Harland, Charlotte Mol, LL.M. Clare Renton, Dr. Ghislaine
and PhD Candidate, Federal Circuit Court – PhD Candidate, 29 Bedford Row Lanteigne, Adjunct
University of Otago, of Australia Utrecht Centre for Chambers Professor, Osgoode
04 New Zealand Surrogacy, parentage European Research International Ping Hall Law School, York
A New Paradigm for and a child’s right to into Family Law Pong! Enforcement of University, Canada
Gender, Inclusivity and Protecting the 21st Century Family
Children’s Participation identity (UCERF), Utrecht orders and forum Who takes care of
in Private Family Law University, The conveniens in cross practitioners who care
Disputes Netherlands national children cases’ for families?
A qualitative content
analysis of the ECtHR’s
case law on child
participation in family
law proceedings
Paper 2 Debra K. Carter, Ph.D., Dr. Laura Carpaneto, Melanie Kößler, Fanni Murányi, PhD Rebecca Stahl,
Co-Founder & Clinical University of Genoa, lawyer and scientific Candidate at ELTE Lawyer for children,
Director of The and Professor Maria consultant, University (Hungary) Children’s Law Center
National Cooperative Caterina Baruffi, International Social The parental child of California, and Dr.
Parenting Center; University of Verona, Service at the German abduction cases from Phil Stahl, Forensic
Founder & CEO of Italy Association for Public the perspective of the Psychologist, Arizona
Carter Psychology From the “Verona and Private Welfare, ombudsman and the At the Intersection of
Center, Bradenton, principles” to the Germany court Trauma and Bias in the
FL, USA Hague Project, passing Access to/possibilities of Evolving Family
Building Child-Centered through the European support provided by
Solidarity among Union: a “model child and youth services
Diverse Families: A solution” for limping for EU citizens staying
Focused Coparenting parentage in an EU Member State
Consultation other than their home
Intervention country
Wednesday 3rd July 2019 (continued)
Paper 3 Violet Odala, African Mehvish Chaudhry, Lucy Crompton, Francesca Maoli, Hannah Camplin,
Child Policy Forum, Harcourt Chambers, Freelance Researcher Contract Research Senior Lecturer
Ethiopia London Breadwinner bias in Fellow in European and Director of
Harmonisation of Laws Feminist Views on financial remedies on Union Law, University the Student Law
on Children in Africa: Surrogacy – is national divorce in England & of Genoa, Italy Clinic University of
Gender Dimensions and international Wales Enforcement of return Westminster Law
regulation necessary? orders under the 1980 School
Hague Convention: the “A rose by any other
role of the child’s best name would smell as
interests in recent case sweet”: Time for a fresh
law approach to the
naming of women and
children in the modern
family?
Chair: Diahann Gordon Harrison, Children’s Advocate of Jamaica and National Rapporteur on Trafficking of Persons
5.35 Professor Julia Sloth-Nielsen, University of Western Cape, South Africa and Belinda Van Heerden, Retired Judge of the
Supreme Court of Appeal, South Africa
Child participation and access to justice in Africa: emerging themes
Welcome reception at Charles Russell Speechlys, 5 Fleet Place, London, EC4M 7RD.
Welcome from William Longrigg, Partner, Charles Russell Speechlys.
Address by Mr. Justice MacDonald, Deputy Head of International Family Justice for England and Wales
All are welcome to attend.
6.45–9.00pm
05
Chair: Lord Justice Andrew Moylan, The Court of Appeal of England and Wales, International Hague Network Judge, and Head
of International Family Justice for England and Wales
9.40 Professor Thalia Kruger, University of Antwerp and Dr. Laura Carpaneto, University of Genoa, Italy
The EU regime on child abductions in perspective: new and old dilemmas
10.10 Professor Marilyn Freeman, PhD, Co-Director, International Centre for Family Law, Policy and Practice, and Principal Research
Fellow, University of Westminster School of Law, and Associate Professor Nicola Taylor, Director, The Children’s Issues Centre,
University of Otago, New Zealand
Outcomes for Objecting Children under the 1980 Hague Child Abduction Convention – The British Academy funded project, and
where now?
10.40 Diahann Gordon Harrison, Children’s Advocate of Jamaica and National Rapporteur on Trafficking of Persons
At Risk Children in Jamaica
Paper 1 Judge Judith van Assistant Professor Femke de Kievit LL.M., Jeanette Satink, Professor Peter de
Ravenstein, Judge, Hanne Hartoft, PhD Researcher at Lecturer in Youth Law Cruz, Keele University
Family Law and Aalborg University, the Utrecht Centre for and Judge (part- Inter-Racial Placements
06 International Child Denmark; Associate European Research time) District Court and Adoption in The
Protection Division Professor Pernilla into Family Law, of The Hague, The 21st Century Family:
Leviner, University of
Gender, Inclusivity and Protecting the 21st Century Family
Paper 3 Professor Marielle Shiran Reichenberg, Dr. Monica Navarro- Alison Cleland, Senior Molshree A. Sharma,
Bruning, Leiden Law PhD candidate Faculty Michel, University of Lecturer and Director Lawyer, Chicago, USA
School and Mindy of Law, Hebrew Barcelona, Spain of Law Programmes How Courts Decide
Mosk, LLM, Leiden University, Jerusalem, Shared custody and and Khylee Quince, Where a Child Belongs
Law School, The Israel high parental conflict: Senior Lecturer and
Netherlands The Right to when is it in the child’s Director of Maori and
International Child Participation and Care best interest? Pacific Advancement,
Abduction: Lessons to Proceedings in Youth AUT School of Law,
be Learned from The Court – A Gender Auckland, New
Netherlands? Perspective Zealand
Right to identity and
family life: the new
child protection laws in
Aotearoa New Zealand
1.00 LUNCH
Chair: Sir Andrew McFarlane, President of the Family Division, High Court of England and Wales
2.10 Professor Ann Estin, Aliber Family Chair in Law, University of Iowa College of Law, USA
Cross-Border Cohabitation Conflicts
2.40 Professor Olga Khazova, The Moscow School of Social and Economic Sciences, NRU Higher School of Economics, Russia
Children of Tender years, Parental Equality and Principle 6 of the 1959 Declaration on the Rights of the Child
Paper 1 Associate Professor Dr Megan Gollop, Dr. Renata Alexander, Dr. Stefano Dominelli, Dr. Michael Wells
Mirela Zupan, Head Senior Research Monash University, University of Milan, Greco, Maastrict
of Department of Fellow, Children’s Melbourne Italy University and Charles 07
Private International Issues Centre, Family Violence in Contractualisation of Russell Speechlys
Paper 2 Dr Onyója Momoh, Associate Professor Dr. Máire Ní Rachael Kelsey, Tine Van Hof,
Researcher, Centre for Nicola Taylor, Shúilleabháin, Solicitor, Scotland and University of Antwerp,
Private International Children’s Issues Assistant Professor, London Belgium, Francesca
Law, University of Centre, University of University College Transgender children Maoli, University
Aberdeen and 5 Pump Otago, New Zealand Dublin, Ireland and young people and of Genoa, Italy and
Court Chambers Evaluating New Marriage Equality: the the State – a view from Sara Lembrechts,
Domestic and Family Zealand’s 2014 Family Unresolved Cross- Scotland University of Antwerp,
Violence in the Context Law Reforms: Family Border Dimension Belgium
of the 1980 Hague Justice Professionals’ The Best Interests of
Convention on the Civil Perspectives the Child in
Aspects of International International Child
Child Abduction Abduction Proceedings
– The Voice Project
Thursday 4th July 2019 (continued)
Paper 3 Simona Florescu, PhD Lalisa Froeder Dittrich, Geoff Wilson, Anjuli Leila Maistry, Associate Professor
candidate, Leiden Deputy Head of the Hopgood Ganim, Senior Attorney, Katine Poitras,
Law School, Child Law Central Authority for Brisbane, Australia Centre for Child Law Department of
Department, The International Child Part Company: Spousal (based at University Psychology, University
Netherlands Abduction – Ministry Maintenance and The of Pretoria, South of Quebec at Trois-
The impact of of Justice of Brazil Future for the “Clean Africa) Rivieres, Canada;
immigration You have my word... Break” principle under Transgender children Professor Nicholas
considerations on child But is it enough? the Australian Family and boarding schools: Bala, Queen’s
abduction proceedings Recognition and Law Act. at what point will we University, Ontario,
Enforcement of Private fully include Canada and Professor
Agreements in transgender children Rachel Birnbaum,
Cross-Border Family into society King’s University
Disputes Involving College, Ontario,
Children Canada
What Family Cases End
Up in a Trial?
5.10 Dr. Rob George, Reader in Family Law, University College London Are Inherent Jurisdictions Still Needed in Family Law?
House of Lords’ Dinner, sponsored by Baroness Hale, President of the Supreme Court of the United Kingdom
7pm – 10.30pm. Please arrive by 6.45pm to allow sufficient time to clear security systems.
Delegates must bring their invitations and photo ID with them to the House of Lords. Dress Code: Lounge suit or smart-casual dress.
Black tie is not required. (Men require jacket and tie, women smart casual, but no jeans, denim or similar.)
08
Gender, Inclusivity and Protecting the 21st Century Family
Friday 5th July 2019
8.50 Wecome from Dr. Frances Burton, Co-Director, International Centre for Family Law, Policy and Practice
Chair: Lord Justice Baker, The Court of Appeal of England and Wales
9.10 Professor Dr. Juris Trude Haugli, University of Tromsø – the Arctic University of Norway
Children’s Constitutional Rights in the Nordic Countries
9.40 Professor Wendy Schrama, Utrecht Centre for European Research into Family Law, The Netherlands
Belonging of children after divorce: what can the law do?
10.40 Professor Ann Skelton, University of Pretoria, South Africa, and Member, UN Committee on the Rights of the Child
Promoting Children’s Rights within the 21st Century Family
Paper 1 Linda D. Elrod Ranjit Malhotra, Mirjam Sombroek-Van Dr. Astrid Martalas, Colin Rogerson,
Richard S. Righter Lawyer, Chandigarh, Doorm, Director of Psychologist, South Dawson Cornwell
Distinguished India and Gayatri the Meijers Research Africa and Charlotte Baker,
Professor of Law and Malhotra, Jindal Institute and Graduate Ten years of parenting Barrister at 4 Paper
Director, Children and Global University, School of the Leiden coordination in South Buildings
Family Law Center, India Law School, and Africa – where to from Transgender Parents,
Washburn University Is Privacy only for the Machteld Vonk, here? Discriminatory 09
School of Law, Topeka, privileged? Examining Assistant Professor Practices and the
Paper 3 Gloria James, Gloria Judge Grant Craig Schneider, Marjolein van den
James-Civetta & Co Riethmuller, Federal Attorney and Brink, Utrecht
Client’s Interest vs Circuit Court of Mediator University School of
Child’s Best Interest: Australia and Kathryn Dispute Resolution for Law, and Peter Dunne,
21st Century Family St. John, University the 21st Century Family University of Bristol
Lawyer’s Dilemma College, London Protecting Gender and
The effectiveness of Sex Diversity? Exploring
private and public Trans and Intersex
mediation in resolving Equality Frameworks in
family property disputes 21st Century Europe
Friday 5th July 2019 (continued)
1.00 LUNCH
2.10 Professor Rachel Birnbaum King’s University College, Ontario and Professor Nicholas Bala, Queen’s University, Ontario, Canada
The Crisis of Access to Family Justice: Changing How Legal Services Are Provided
Paper 1 Ivo Pieters and Elena Falletti, Pietro Sanna, Byron James, Dr. Jet Tigchelaar, Pamela Scriven QC
Machteld Vonk, Assistant PhD Candidate, Expatriate Law Yasemin Yildiz and Andrea Watts,
Leiden University Professor University of (Dubai and (LLM) and Prof. 1 King’s Bench
Law School, The in Private Genoa, Italy London) and Will Wendy Schrama, Walk Chambers
Netherlands Comparative Law Fragmentation of Tyler, Q.C., 36, Utrecht Centre Protection from
Guardian ad litem at Carlo Cattaneo Conflict of Law in Bedford Row, for European FGM: Is the law in
in parentage cases: University, Europe: Could London Research into England and Wales
what role should Castellanza (VA), Protocol No 16 to Shari’a Principles Family Law, The adequate?
their best interests Italy the European -v- the Netherlands
evaluation play in Religious roots of Convention on Paramountcy of Protecting all 21st
multi-parenthood? the duty of marital Human Rights Welfare: the century families: a
fidelity and the ensure Consistency English Courts’ comparison of
evolution of Italian in Family Law struggle to effect informal
10 family law Matters? judicial comity in marriages,
the context of the informal
Gender, Inclusivity and Protecting the 21st Century Family
Paper 2 Mr. Shuji Zushi, Russell Bywater, Ronaldah Lerato Robert A. Malathi Das, Tzipi Yagelnik-
Director, Central Partner, Dawson Karabo Ozah, Simon, forensic Joyce A Tan Frisktik PhD
Authority, Japan Cornwell, London Director, Centre psychologist, & Partners, Candidate, Bar-
Japan’s five-year Term Maintenance: for Child Law, California, and Singapore Ilan University,
experience in Have Wa ggot it University of The Honourable The Seventh Age: Israel
implementing the wrong? Pretoria, South Dianna Gould- Forgetting but Economic Domestic
1980 Hague Africa Saltman, Los hopefully not Violence against
Convention – past No corporal Angeles, USA forgotten Women in Private
results and punishment of a Gender and Child Law, Family Law
challenges ahead child is reasonable: Custody: Is that and Criminal Law
the removal of the Even a Thing in the
defence of Twenty First
reasonable Century?
chastisement in
South Africa
Friday 5th July 2019 (continued)
Paper 3 Professor Chan Thos Hodgson, Sarah Atkins, Anil Malhotra, Professor Lea Stephen Cullen
Wing Cheong, Edmund Barton Senior Teaching Lawyer, Mwambene, and Kelly Powers,
Singapore Chambers, Fellow, School of Chandigarh, India Faculty of Law, Attorneys, Miles
Management Sydney, Australia Law, University of Aastha Malhotra, University of and Stockbridge,
University, Binding Financial Portsmouth West Bengal Western Cape, Washington DC,
Singapore Arrangements in ‘Calais Jungle’ National South Africa USA and Simon
Tackling elder Australia family University of Access to justice, Craddock, Partner,
abuse: state reunifications: a Juridical Sciences, gender, and Brethertons
Intervention under human rights Kolkata, India customary laws A comparative
Singapore’s analysis of UK age Rights of the analysis of how
Vulnerable Adults assessment Removed Child England and
Act methods and Wales, and The
gender bias United States, deal
with domestic
violence in the
family courts
5.40 Final Remarks: Professor Marilyn Freeman, PhD, Co-Director, International Centre for Family Law, Policy and Practice, and
Principal Research Fellow, Westminster Law School
Farewell supper reception/garden party at Drapers’ Hall, Throgmorton Avenue, London, EC2N 2DQ
Smart-casual dress (men are not required to wear a jacket and tie).
7.30pm
11
Dawson Cornwell
1GC|Family Law
Miller Du Toit Cloete
Miles and Partners Solicitors