CA v UK

The most convenient and appropriate forum for resolution of the child maintenance dispute is California, where F resides and enforcement proceedings are already underway. English proceedings would result in fragmented litigation and statutory difficulties regarding Schedule 1 applications by an applicant parent.

Parties: Applicant: F; Respondent: M
Jurisdiction: England and Wales
Judgment Date: 05 February 2025
Procedural Posture: Child Maintenance Application Under Schedule 1 Children Act 1989 / Forum Conveniens Determination
Outcome: F's application under Schedule 1 Children Act 1989 is stayed.
Legal Topics: Forum Conveniens, Child Maintenance, Jurisdiction, Enforcement of Foreign Orders

Family Law Private International Law Forum Conveniens Child Maintenance Jurisdiction Enforcement of Foreign Orders

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 8

Parties

Applicant

Respondent

Procedural Posture

Child Maintenance Application Under Schedule 1 Children Act 1989 / Forum Conveniens Determination

Legal Issues

1 Which jurisdiction is the most convenient forum for resolving child maintenance dispute between parties residing in different countries
2 Whether the English court has power to make an order under Schedule 1 Children Act 1989 against an applicant parent

Ratio Decidendi

Court Disposition

F's application under Schedule 1 Children Act 1989 is stayed.

Orders

Stay of F's Schedule 1 application pending resolution in California.
Parties to inform court regarding further issues, including costs, and whether a further hearing is necessary.