AI v MT (Alternative Dispute Resolution)

English Family Law

AI v MT (Alternative Dispute Resolution)
Image: ‘Moses with the Ten Commandments’ by Rembrandt

Note: To read about this case in greater depth, and with the benefit of full OSCOLA referencing, simply purchase a copy of ‘The Case Law Compendium: English & European Law’ at Amazon, Waterstones or Barnes & Noble (or go here for a full list of international outlets)


With the introduction of Alternative Dispute Resolution (ADR) in 2010, the essence of divorce and family proceedings became less governed by the rigours of litigation, and one more attuned to continuous and considered discourse between parties, on provisional terms that embraced the welfare of children and respect for individual rights.

After marrying relatively young, and moving quickly into starting a family, two devout members of the Jewish faith found themselves in stark opposition to how best they could live their lives, and in turn seek to end the marriage before occupying different countries.

When the matter of how contact could be set between the father and the two small children, it soon became a matter of contention, and one that ultimately drew guidance from the Jewish community, but overall authority from the English courts. When adopting ADR strategies, the emphasis is typically placed upon expedience and reduced costs; however due to such vast geographical differences, and intrinsic religious constraints, the process of divorce ran over a period of years versus months, and was certainly not without its frustrations.

What eventually emerged however, was that through a combination of delicate communication, respect for doctrinal traditions, cohesive written agreements and the balancing of the needs of the children, it was possible to overcome the potential pitfalls of cross-jurisdictional conflict, and move matters to a much more mature and objective conclusion; an outcome that had at times, seemed unlikely given the inclination by the parties involved to build walls between them, that served only to harm the children and drain financial resources more than was necessary.

Thankfully, it all came down to a successful collaboration of the Jewish authorities, domestic courts and continued willingness of the parents to collectively work toward a resolution that now stands as testament to the transcendence of ideology, in favour of a united family, even after the dissolution of marriage.

Key Citations

“[S]ave where statute provides otherwise, when considering issues concerning the upbringing of children, it is the child’s welfare that is the paramount consideration.”

“[T]he parties are able to select the arbitrator as opposed to litigation where the parties are obliged to accept the judge allocated to hear the case.”

“[P]rimary responsibility for children rests with their parents who should be entitled to raise their children without the intrusion of the state save where the children are suffering, or likely to suffer significant harm.”

“[A]t a time where there is much comment about the antagonism between the religious and secular elements of society, it was notable that the court was able not only to accommodate the parties’ wish to resolves their dispute by reference to their religious authorities, but also buttress that process at critical stages…“’

“So far as the financial settlement was concerned, the terms of the agreement were unobjectionable. The parties’ devout beliefs had been respected. The outcome was in keeping with English law whilst achieved by a process rooted in the Jewish culture to which the families belong.” 

Author: Neil Egan-Ronayne

Author, publisher, scholar, researcher, humanist and humble foodie...

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s