JK v KC

JK v KC

The English court retains jurisdiction to make orders regarding the children as they were habitually resident in England and Wales at the time of their removal and at the time of the application. 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.

Parties
Plaintiff Mother: JK; Defendant Father: KC; Children's Representative: Cafcass (Children and Family Court Advisory and Support Service)
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Wardship/contact (family) / Jurisdictional Determination and Directions
Outcome
Jurisdiction retained; no stay or dismissal; directions given for service and further hearing.
Legal Topics
Wardship, Jurisdiction, Habitual Residence, Parental Responsibility, Contact Orders, Child Abduction, Hague Convention, Forum Conveniens
Family Law International Child Law Wardship Jurisdiction Habitual Residence Parental Responsibility Contact Orders Child Abduction +2 more

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Parties

JK

Plaintiff Mother

KC

Defendant Father

Cafcass (Children and Family Court Advisory and Support Service)

Children's Representative

Procedural Posture

Wardship/contact (family) / Jurisdictional Determination and Directions

Legal Issues

  1. 1 Does the English court have jurisdiction to make welfare/contact orders regarding children removed to the USA?
  2. 2 Has the habitual residence of the children changed?
  3. 3 Should the proceedings be stayed in favour of the US courts?

Ratio Decidendi

The English court retains jurisdiction to make orders regarding the children as they were habitually resident in England and Wales at the time of their removal and at the time of the application. 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; no stay or dismissal; directions given for service and further hearing.

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 a stay.