E v E (Anti-suit Injunction; Children)

E v E (Anti-suit Injunction; Children)

The English court has jurisdiction over the children by reason of their habitual residence, is the natural forum, and is substantively seized of the proceedings. The father's pursuit of Nigerian proceedings is unconscionable, vexatious, and oppressive, justifying the grant of an anti-suit injunction to protect the welfare of the children and the integrity of the English court's jurisdiction.

Parties
Applicant: E (Mother); 1st Respondent: E (Father); 2nd Respondent: IE (Paternal Uncle)
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Wardship and Child Abduction / Judgment on Application for Anti Suit Injunction
Outcome
Anti-suit injunction granted against the father.
Legal Topics
Wardship, Child Abduction, Anti Suit Injunction, Jurisdiction, Forum Conveniens
Family Law Private International Law Wardship Child Abduction Anti Suit Injunction Jurisdiction Forum Conveniens

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Parties

E (Mother)

Applicant

E (Father)

1st Respondent

IE (Paternal Uncle)

2nd Respondent

Procedural Posture

Wardship and Child Abduction / Judgment on Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining the father from pursuing Nigerian proceedings concerning the children
  2. 2 Whether the English court has jurisdiction and is the appropriate forum for the welfare of the children

Ratio Decidendi

The English court has jurisdiction over the children by reason of their habitual residence, is the natural forum, and is substantively seized of the proceedings. The father's pursuit of Nigerian proceedings is unconscionable, vexatious, and oppressive, justifying the grant of an anti-suit injunction to protect the welfare of the children and the integrity of the English court's jurisdiction.

Court Disposition

Anti-suit injunction granted against the father.

Orders

  • The father is ordered to take the steps required of him in the Nigerian courts to discontinue or amend the Nigerian proceedings concerning the children.