We use cookies to give you the best possible online experience. If you continue, we'll assume you are happy for your web browser to receive all cookies from our website. See our Privacy & Cookie policy statement for more information on cookies and how to manage them.

Independent foreign lawyer

The person who swears the affidavit should not be the former counsel / lawyer of either of the parties as, obviously, each party will object to same.  Furthermore, Binchy, in Conflict of Laws says, on page 108, that “there is, perhaps, some reason to doubt the general advisability of 
obtaining evidence as to foreign law from a lawyer who has actually been involved in the proceedings.”

The affidavit of laws should only deal with issues in relation to rights of custody / access.  Other matters such as, for example, the welfare of the children, undertakings etc. should be dealt with separately.

You should also refer to the section on Engaging of Witnesses, which sets out the procedures for obtaining authority to engage witnesses, and the level of fees payable to the different categories of witnesses. A decision on whether to grant an amendment will be made having regard to the provisions of the Act and the Regulations.