Family Law Hub

E v E (Anti-suit Injunction; Children) [2021] EWHC 956 (Fam)

The children, aged 8, 7 and 5, were all born in England and had been living with the father's brother in Nigeria since being abducted to that country by the father in 2019. The mother applied for an anti-suit injunction against the father, requiring him to discontinue Nigerian proceedings in respect of their children in circumstances where Lieven J had determined that: the courts of this country had jurisdiction over the children by reason of their habitual residence; England and Wales, rather than Nigeria, was the natural forum; and the English court was substantively seised of ongoing proceedings concerning wardship and the welfare of the children. The father and uncle had ignored and flouted numerous orders for contact, and the father had been arrested upon his return to England. Peel J considered whether the four required criteria for an anti-suit injunction were fulfilled: jurisdiction, a sufficient interest, an appropriate ground, and discretion. He found that they were, and had no hesitation in exercising his discretion in favour of making the order sought. The father was ordered to take the steps required of him in the Nigerian courts.

Judgment, published: 28/04/2021

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Published: 28/04/2021

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