Beyond Borders: International Family Law

Susan Warda
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Beyond Borders: International Family Law is an Australian podcast that explores the complexities of family law across international lines. Hosted by legal experts drawing from real world cases, the podcast explores topics such as cross-border custody disputes, international property settlements, child abduction cases, and the enforcement of legal agreements across jurisdictions.  If you and your partner are going through a separation that crosses international borders, Beyond Borders delivers clear insights, expert interviews, and practical advice.

Episodes

  1. 3H AGO

    Inside the Hague Convention: The Honourable Michelle May on International Child Abduction

    In this episode of Beyond Borders, Antonia Marran and Susan Warda are joined by theHonourable Michelle May to demystify the Hague Convention on the Civil Aspects ofInternational Child Abduction. The conversation explains how the Convention works to ensure children wrongfully removedacross borders are returned to their country of habitual residence so that custody disputes canbe decided in the proper jurisdiction — not relitigated internationally. The episode outlines thestrict time limits for action, how applications are made through Central Authorities, and thelimited defenses available, including consent, a child’s objections and the “grave risk of harm”exception. With practical insights into court processes, evidence and early intervention, this episodehighlights why urgent legal advice is critical in cross-border parenting disputes.For more information, contact Susan Warda at Mills Oakley. See omnystudio.com/listener for privacy information.

    32 min

  2. JAN 26

    International Family Law: An Australian and Turkish Perspective

    In this episode of Beyond Borders, Antonia Marran and Susan Warda turn their focus to family law matters involving Australia and Turkey, exploring the legal, cultural and practical challenges faced by families whose lives span both jurisdictions.  They are joined by leading Turkish family law expert and Fellow of the International Academy of Family Lawyers (IAFL), Mert Yalcin of Yalcin & Toygar. With increasing global mobility, disputes involving children, property and international enforcement are becoming more common. This episode unpacks what families need to understand when navigating cross-border family law issues between Australia and Turkey. The discussion covers: Key differences between the Australian family law framework and the Turkish Civil Code How family law proceedings are approached and determined in each jurisdiction International child abduction and the Hague Convention, including how it operates in Australia vs Turkey, practical enforcement and common pitfalls in cross-border child matters Cross-border parenting disputes and international relocation risks Recognition and enforcement of parenting orders Marriage, divorce and property settlement issues across jurisdictions Spousal maintenance considerations in international cases The growing role of mediation, cultural sensitivity and social media as evidence This episode offers practical, real-world insights for families navigating international family law matters — and reinforces the importance of early, coordinated advice when family law crosses borders. For further information, contact Susan Warda at Mills Oakley - https://www.millsoakley.com.au/our-people/susan-warda/ See omnystudio.com/listener for privacy information.

    54 min

  3. 11/30/2025

    Navigating French-Australian Family Law

    In this episode of Beyond Borders, we explore the key differences between French and Australian family law and what couples should know when separation spans two countries. We unpack practical questions faced by French-Australian families including: How do couples initiate separation and divorce across borders? If you married in Australia but now live in France (or vice versa), where should you begin the separation process? How can you ensure a fair division of assets spread across continents? Are prenups enforceable from one country to another? How do courts in each country decide parenting arrangements and relocation disputes? Does visa status or dual citizenship influence the outcome? Host and accredited family law specialist Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney and Elodie Mulon of Chauveau Mulon & Associes in France.  Their discussion offers clear, practical guidance around how to prepare legally before issues arise. Whether you’re a couple navigating life between France and Australia, or a professional advising cross-border families, this episode provides the clarity and confidence to move forward. See omnystudio.com/listener for privacy information.

    48 min

  4. 11/02/2025

    International Prenups (Binding Financial Agreements)

    In this episode of Beyond Borders, we explore the crucial role of prenuptial agreements and how they operate on a global stage.  Our family law experts unpack what a prenuptial or binding financial agreement really is and how it can eliminate the need for court intervention by clearly defining who retains which assets if a relationship ends. We discuss why international couples must ensure their prenups are carefully drafted to withstand the challenges of differing legal systems, and reveal common pitfalls that can render an agreement unenforceable across jurisdictions. The episode also delves into: When and why couples with cross-border assets or wealth disparity should consider a prenup. How postnuptial agreements can safeguard both partners when circumstances change after marriage. Real-life case studies showing how courts have upheld, or overturned, prenups around the world. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US. See omnystudio.com/listener for privacy information.

    42 min

  5. 09/17/2025

    International Parenting Issues

    In this episode of Beyond Borders, we explore the complex and often emotional parenting challenges that arise during and after separation - particularly when families are spread across countries. With a focus on international family law, we unpack key legal, practical, and cultural considerations for separated parents navigating life across borders. Topics include: Where Will the Children Live?Legal frameworks for custody and residency when parents live in different countries. Co-Parenting Across BordersHow to manage shared parenting across time zones and legal systems. Relocation and the LawWhat happens when one parent wants to move overseas with the children. The Child’s Voice in Custody CasesHow various jurisdictions approach the child’s wishes. Navigating Cultural DifferencesThe impact of different parenting styles, expectations, and cultural norms. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US. See omnystudio.com/listener for privacy information.

    44 min

  6. 08/14/2025

    International Divorce and Separation

    In this episode of Beyond Borders, we delve into the complexities of international divorce and separation, focusing on the unique challenges faced by individuals navigating divorce across different jurisdictions. We explore the intricacies of jurisdictional conflicts and how to decide the best place to file for divorce, particularly when parties are married in one country and seek divorce in another, including same-sex couples. We’ll also discuss the recognition of foreign marriages and the varying requirements for marriage in Australia, the UK, and the US. Listen as we unpack the importance of establishing domicile, understanding the most favourable jurisdiction for filing, and the role of limitation periods in financial settlements. We’ll cover how defacto couples living abroad handle separation, and the growing influence of technology in streamlining the divorce process outside of the courtroom, especially with the increase in divorce applications. With insights into delays across jurisdictions and strategies for protecting a client’s reputation—especially for high-profile clients—we provide a comprehensive guide to navigating the international divorce landscape. Don’t miss this essential conversation on cross-border family law issues and non-court dispute resolution options! Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US. See omnystudio.com/listener for privacy information.

    48 min

  7. 07/17/2025

    International Financial and Property Settlements

    In this episode of Beyond Borders: International Family Law, we explore the unique challenges of dividing property and finances when a relationship spans more than one country. From real estate and businesses to investments and superannuation, cross-border settlements often involve navigating differing legal systems, disclosure obligations, and tax consequences. We unpack the topic through the lens of expert insight for the layperson - highlighting the practical challenges that arise including when a spouse may be concealing overseas assets. Our guests discuss the importance of working with an internationally experienced family law specialist who can draw on a global network, including private investigators and accountants, to trace assets to ensure proper disclosure, and initiate proceedings in the most appropriate jurisdiction. You'll also hear about why Australia's strict disclosure rules don’t always apply overseas, potential tax consequences involved in cross-border settlements and freezing international assets. If you're navigating an international separation, this episode is essential listening to understand why early legal advice from a globally connected Australian family law expert can make all the difference. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in London, UK and Steven Mindel of FMBK Law in California, USA. See omnystudio.com/listener for privacy information.

    54 min

  8. 06/05/2025

    An Introduction to International Family Law Issues

    'In this episode, we provide a vital introduction for separating couples who may be navigating the complex world of international family law. Whether you're living abroad, married to a partner from another country, or have recently moved across borders, understanding the key legal differences between the Australian, UK and US systems can have a significant impact on your divorce or separation outcomes.  We’ll touch on why it’s crucial to know which country’s laws will apply to your case and how jurisdiction is determined, setting the scene for future episodes on financial and property settlements, custody arrangements, spousal support and prenups. Host and family lawyer Antonia Marron is joined by leading international family law experts and Fellows of the International Academy of Family Lawyers (IAFL) Susan Warda of Mills Oakley Sydney, Clare Wiseman of Irwin Mitchell in the UK and Steven Mindel of FMBK Law in the US.   If you would like to get in touch with any of our international family law experts from this podcast, please don’t hestitate to reach out: Susan Warda – https://www.millsoakley.com.au/our-people/susan-warda/ Partner & Accredited Specialist Family Law Mills Oakley Fellow of the International Academy of Family Lawyers™ (IAFL) swarda@millsoakley.com.au www.millsoakley.com.au   Antonia Marran - https://www.linkedin.com/in/antonia-marran-a4b2331b9/ Associate, Mills Oakley amarran@millsoakley.com.au   Clare Wiseman - https://www.irwinmitchell.com/our-people/clare-wiseman Partner & National Head of Family Law Team Fellow of the International Academy of Family Lawyers™ (IAFL) Clare.Wiseman@IrwinMitchell.com www.IrwinMitchell.com   Steven A. Mindel - https://fmbklaw.com/attorneys/steven-a-mindel/ Managing Partner & Certified Family Law Specialist Feinberg, Mindel, Brandt & Klein, LLP  Fellow of the American Academy of Matrimonial Lawyers™ (AAML) Fellow of the International Academy of Family Lawyers™ (IAFL) Smindel@fmbklaw.com www.fmbklaw.com See omnystudio.com/listener for privacy information.

    32 min
  • 8 Episodes

About

Beyond Borders: International Family Law is an Australian podcast that explores the complexities of family law across international lines. Hosted by legal experts drawing from real world cases, the podcast explores topics such as cross-border custody disputes, international property settlements, child abduction cases, and the enforcement of legal agreements across jurisdictions.  If you and your partner are going through a separation that crosses international borders, Beyond Borders delivers clear insights, expert interviews, and practical advice.

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