CA v UK [2025] EWFC 117 (B) (09 April 2025)

CA v UK [2025] EWFC 117 (B) (09 April 2025)

The most convenient and appropriate forum for resolving the child maintenance dispute is California, where F resides and earns his income, and where enforcement proceedings are already underway. English proceedings would result in fragmented litigation and additional complexity. Statutory difficulties with F's...

Source-derived case information.

Citation
[2025] EWFC 117 (B)
Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
09 April 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 in favour of proceedings in California.
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

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Parties

F

Applicant

M

Respondent

Procedural Posture

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

  1. 1 Which jurisdiction is the most convenient forum for resolving child maintenance disputes between the parties: England & Wales or California?
  2. 2 Does Schedule 1 Children Act 1989 permit an applicant parent to seek an order against themselves?

Ratio Decidendi

The most convenient and appropriate forum for resolving the child maintenance dispute is California, where F resides and earns his income, and where enforcement proceedings are already underway. English proceedings would result in fragmented litigation and additional complexity. Statutory difficulties with F's Schedule 1 application further support California as the proper forum.

Court Disposition

F's application under Schedule 1 Children Act 1989 is stayed in favour of proceedings in California.

Orders

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