G (Children) (Habitual Resident), Re

G (Children) (Habitual Resident), Re

The children did not lose their habitual residence in the UK; their continued presence in the UAE was due to the father's unilateral removal of their passports. The court has jurisdiction under both habitual residence and prorogation (Article 12(3)), as the father unequivocally accepted jurisdiction in correspondence after being served and receiving legal advice. The court rejects the forum conveniens argument; the UAE is not a more appropriate forum given the circumstances.

Parties
Applicant Mother: M; Respondent Father: F
Jurisdiction
England and Wales
Judgment Date
19 June 2017
Procedural Posture
Wardship / Parental Responsibility / Jurisdiction Determination
Outcome
Court finds it has jurisdiction; application for stay on forum conveniens grounds rejected.
Legal Topics
Habitual Residence, Prorogation of Jurisdiction, Forum Conveniens, Children Act 1989, Brussels II Regulation
Family Law International Child Law Habitual Residence Prorogation of Jurisdiction Forum Conveniens Children Act 1989 Brussels II Regulation

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Parties

M

Applicant Mother

F

Respondent Father

Procedural Posture

Wardship / Parental Responsibility / Jurisdiction Determination

Legal Issues

  1. 1 Whether the English court has jurisdiction over proceedings concerning the children under the inherent jurisdiction
  2. 2 Whether the children were habitually resident in England at the relevant date
  3. 3 Whether there was prorogation of jurisdiction under Article 12(3) of Brussels II Regulation

Ratio Decidendi

The children did not lose their habitual residence in the UK; their continued presence in the UAE was due to the father's unilateral removal of their passports. The court has jurisdiction under both habitual residence and prorogation (Article 12(3)), as the father unequivocally accepted jurisdiction in correspondence after being served and receiving legal advice. The court rejects the forum conveniens argument; the UAE is not a more appropriate forum given the circumstances.

Court Disposition

Court finds it has jurisdiction; application for stay on forum conveniens grounds rejected.

Orders

  • Mother and children to return to England; practical arrangements to be made as per draft order submitted.
  • Father to comply with any orders made by the court regarding the children.