Family Law Hub

AA & BB [2021] EWHC 890 (Fam)

A hearing that had been listed for consideration of issues of contact between the father and the children, "subject to a review of the English court's position in the event that the Russian court accepts jurisdiction". There had since been a hearing of several days' duration before a court in Russia, which had clearly decided that it had jurisdiction to make substantive orders in relation to the children, that the children were habitually resident in Russia (notwithstanding that they were attending schools during term time in England), and that the children should reside with their mother at a place of their mother's choosing. In Holman J's view, he was obliged to "abstain" from exercising further jurisdiction over any matters which clearly fell within the territory of the Russian proceedings and judgment, though he noted that the father was appealing the previous order of the Family Court. With those appeals in mind, he declined to make an order permitting the mother's solicitors to release the passports: the mother had frankly said that if she were able to return with the children to Russia she would keep them there and not permit them to travel again to England until she was quite confident that she would not be "ensnared" by further legal proceedings.

Judgment, published: 19/04/2021

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Published: 19/04/2021

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