Family Law Hub

Jurisdiction

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  • The mother applied for a declaration that the child was habitually resident in the jurisdiction of England and Wales, and for orders that would prohibit the father from removing the child from her care or from that jurisdiction, in circumstances where the Sweileh Sharia Court of Jordan had issued a without notice order requiring her to place the child in the father's care immediately. MacDonald J was wholly satisfied that the child was habitually resident in the jurisdiction of England and Wales, and thus the court had jurisdiction in relation to matters of parental responsibility. It was in the child's best interests for the English court to decide the welfare issues between the parents. Judgment, 30/07/2019, free
  • The father had applied for the return of the children from Ukraine, where they had been kept for ten months. Mostyn J had stayed the application, in anticipation of the Ukrainian court reinstating the father's application there. This did not happen, so the stay was lifted and the application would be heard. Directions were given, but the judge also urged the parties to explore a mediated solution to the case. Judgment, 21/06/2019, free
  • The father had deprived the mother and son of their passports, stranding the child in India without either parent. Having previously declined to make an order for the child's summary return to England, Williams J found that the boy's welfare was now best promoted by being reunited with his mother. He made an interim order for the boy's return, subject to judges in India removing the order that prohibited his removal from that jurisdiction. Judgment, 17/06/2019, free
  • The mother applied for an order requiring the father to return their son from Ghana to England. The father argued that the mother had consented to the move, and that the child would benefit educationally from staying there for two more years. Four of the mother's other children had been removed from her care. MacDonald J found that the father had misrepresented the trip as a summer holiday. There was no evidence that the child's current school provision was equipped to meet his educational needs. The father himself was no longer in Ghana. MacDonald J was satisfied that the court retained jurisdiction, and ordered the child's return, making him a ward of court. Judgment, 14/06/2019, free
  • The wife made a claim for financial relief after a divorce in Russia. A claim for £2m was made against her by a company of which the husband had been the sole director. She claimed that this was a sham. The husband did not engage at all with the court during the proceedings, though the company did, and he gave no disclosure of his means. Holman J was satisfied that it was appropriate to make an order for financial relief, and that an award of £5m to the wife, leaving at least £17m to the husband, would not do him any injustice. It was less than the wife would have been awarded had all the proceedings taken place in England and Wales. The wife was also entitled to an order for costs against the company and the husband. The judge recognised, however, that enforcement of his orders would be difficult. Judgment, 09/05/2019, free

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