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What is your duty to co-operate with your regulator?
Zoe Beels
The idea that spending time with family at Christmas triggers marriage breakdown has always been overshadowed by the tensions for many of the long summer holidays. In the UAE, the summer has been very long indeed this year, starting with Ramadan in early June followed by the annual “migration” during the hottest summer months and now the holidays associated with Eid. Coupled with the economic pressures and uncertainties that have marched in time with the fall in oil prices, many ex-patriot families are thinking of heading home for good and some about divorce.
It comes as a surprise to many that it is not possible to bring any action or present any agreement to a court in the UAE in respect of a child born out of marriage (sometimes rather unkindly referred to as ‘illegitimate children’). This fact was established in the proceedings leading to the recent Court of Appeal decision in Re B (Children) [2015] EWCA Civ 1302, which was a case involving the relocation of two children to the UAE from England.
A recent case before the court provides a timely reminder of the pitfalls and difficulties which can arise as a result of informal surrogacy arrangements.
The case of Re Z [2016] EWFC 34 involved a baby boy (Z) born as a result of an informal surrogacy arrangement. The commissioning parents, a male same sex couple made contact with the eventual surrogate, X, via a Facebook forum. The commissioning parents and potential surrogate met only once and it was at this meeting that they presented X with a typed commercial surrogacy agreement they had found on the internet.
I recently attended the conference “Culture, Dispute Resolution and the Modernised Family” organised by the International Centre for Family Law, Policy and Practice (‘the Centre’). The triennial conference was a truly international event, with 31 jurisdictions represented in total.
Social media undeniably plays a huge part in our lives today. At the last count, I had six apps on my phone, four of which I use regularly to stay “connected” and all of which contribute to my digital footprint. Social media is a normal (some may say obsessive) part of most people’s modern day life.
Given that, it is hardly surprising that issues relating to social media arise in family cases. An increasing number of divorce petitions based on one party’s unreasonable behaviour now refer to social media, and the impact of social media doesn’t stop there. For many, social media offers a way to help them cope with marital breakdown through posts of support by online friends and followers. However it is used, it can prove to be a useful source of evidence in many cases and those using online profiles should be wary of the potential pitfalls.
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