B v B

B v B

The English court relinquished jurisdiction to Dubai by the order of 14 March 2011, supported by subsequent actions and the parties' habitual residence. It is not in the best interests of the children for the English court to exercise jurisdiction when neither they nor their parents are present or habitually resident in England.

Parties
Applicant: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
13 July 2012
Procedural Posture
Family / Jurisdictional Determination
Outcome
Applications issued by the father are dismissed; the court declines to exercise jurisdiction.
Legal Topics
Jurisdiction, Child Welfare, Recognition and Enforcement of Foreign Orders
Family Law International Child Law Jurisdiction Child Welfare Recognition and Enforcement of Foreign Orders

Case Brief

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Parties

B

Applicant

B

Respondent

Procedural Posture

Family / Jurisdictional Determination

Legal Issues

  1. 1 Whether the English court retains jurisdiction over child welfare matters when parties are habitually resident abroad
  2. 2 Effect of prior orders and registration in Dubai
  3. 3 Application of Article 12(3) of Brussels II Revised

Ratio Decidendi

The English court relinquished jurisdiction to Dubai by the order of 14 March 2011, supported by subsequent actions and the parties' habitual residence. It is not in the best interests of the children for the English court to exercise jurisdiction when neither they nor their parents are present or habitually resident in England.

Court Disposition

Applications issued by the father are dismissed; the court declines to exercise jurisdiction.

Orders

  • Both applications issued by the father are dismissed.
  • The court declines to exercise jurisdiction over child welfare matters.