Authors:Cris McCurley
Created:2024-02-01
Last updated:2024-03-05
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Marc Bloomfield
Description: A practical guide to Stranded Spouses in Family Law
Book review
A Practical Guide to ‘Stranded Spouses’ in Family Law1Law Brief Publishing, ISBN 978 1 914608 87 2, May 2023, £59.99.
Mani Singh Basi
Mani Singh Basi’s book is a clear, helpful guide to a sensitive aspect of family law, writes Cris McCurley.
Right from the preface, Basi sets out his stall by discussing the sensitivities of the issues in stranded spouse cases and urges the practitioner to address them from that starting point. They are also highly complex cases, which is why this book is essential reading for any of us faced with a client who has been stranded abroad with or without their children, and with no way of returning to the jurisdiction.
The first chapter begins by highlighting the fact that ‘stranded spouse’ refers to a broad range of situations and actions. He doesn’t shy away from the very damaging impact of stranded spouse cases on the children as well as the spouse themselves, and also that the stranding may be one part of a much bigger system of abusive behaviour in the parties’ relationship, and is in itself a form of domestic abuse that involves one spouse (or ex-spouse) preventing the other from returning to the UK.
The following chapter sets out Family Procedure Rules Practice Direction 12J as it relates to stranded spouses, and defines abandonment, stressing that, as well as parents, children can also be abandoned outside the UK without the financial resources and travel documents to allow them to return to the UK.
Basi is keen that the reader understands that it is the form of stranding/abandonment and the impact that it has that is key to the court’s understanding when looking at harm and risk, and how the inherent jurisdiction can be utilised to bring about a return to the UK.
He considers initial obstacles and barriers to successful intervention in the various different forms of this abuse, and the process, and provides helpful tips as well as pitfalls to avoid.
Basi reassures that the majority of orders, approaches and strategies are wide-ranging, which he explains with reference to the High Court common law powers and the use of inherent jurisdiction and wardship. The third chapter devotes a good bit of time to inherent jurisdiction, which is appropriate, particularly as the majority of practising family lawyers will not come across it or use it throughout their careers. If such information is needed, however, this book is the place to find it, presented as it is in an accessible, common-sense way that demystifies it for the newcomer: this might save a career, or even a life.
In the following few chapters, the author considers the different kinds of ‘stranded’: those being stranded and separated; those stranded and separated from their children; those stranded with their children; and the very tricky case of a spouse stranded with their perpetrator. In each chapter, careful and easily digestible guidance is given as to what to do to help the client and children. Each case is different and a change of approach may well be indicated.
The seventh chapter considers the tricky issue of enabling participation of the parties. It covers all topics, including remote attendance, immigration issues to be aware of, as well as safeguarding and special measures, the possible appointment of a guardian, and dealing with a potentially none-too-happy respondent. It should never be forgotten that these cases can be a high risk to the stranded and their children.
Finally, Basi deals with possible outcomes and how to head problems off at the pass.
This is a book that is well written and strikes the right note. As a practitioner who does a lot of this kind of work , I have no hesitation in recommending it. This level of work is really fascinating and I would encourage anyone who is interested in a new skill set to look into it. I only wish it had been available when I started out!
 
1     Law Brief Publishing, ISBN 978 1 914608 87 2, May 2023, £59.99. »