JK v KC [2011] EWHC 1284 (Fam) (10 March 2011)

JK v KC [2011] EWHC 1284 (Fam) (10 March 2011)

The English court retains jurisdiction over the children as they were habitually resident in England and Wales at the time of the mother's application and their removal was wrongful. The mother's imprisonment does not extinguish her parental responsibility or right to seek contact. There is no basis to dismiss or stay the proceedings at this stage; the father must be served and given an opportunity to participate and apply for a stay if he wishes.

Citation
[2011] EWHC 1284 (Fam)
Parties
Plaintiff Mother: JK; Defendant Father: KC; Children's Representative: CAFCASS
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Wardship and Contact Proceedings (family Law) / Jurisdictional Determination and Directions Hearing
Outcome
Jurisdiction retained; proceedings to continue; father to be served and given liberty to apply for stay or other relief.
Legal Topics
Wardship, Habitual Residence, Parental Responsibility, Contact Orders, Forum Conveniens, Brussels II Revised, Family Law Act 1986, Hague Convention
Family Law International Child Abduction Jurisdiction Wardship Habitual Residence Parental Responsibility Contact Orders Forum Conveniens +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

JK

Plaintiff Mother

KC

Defendant Father

CAFCASS

Children's Representative

Procedural Posture

Wardship and Contact Proceedings (family Law) / Jurisdictional Determination and Directions Hearing

Legal Issues

  1. 1 Whether the English Court has and should exercise jurisdiction over the children for welfare/contact decisions
  2. 2 Whether the children remain habitually resident in England and Wales after wrongful removal
  3. 3 Whether the mother's imprisonment affects her parental responsibility or right to contact

Ratio Decidendi

The English court retains jurisdiction over the children as they were habitually resident in England and Wales at the time of the mother's application and their removal was wrongful. The mother's imprisonment does not extinguish her parental responsibility or right to seek contact. There is no basis to dismiss or stay the proceedings at this stage; the father must be served and given an opportunity to participate and apply for a stay if he wishes.

Court Disposition

Jurisdiction retained; proceedings to continue; father to be served and given liberty to apply for stay or other relief.

Orders

  • Father to be served with proceedings and explanatory letter approved by the court.
  • Father given liberty to apply for determination or other relief, including stay.