FT v MM & Anor

FT v MM & Anor

RM is habitually resident in Texas, USA, and the English court no longer has jurisdiction. Further orders for RM's return would be futile and not in his best interests. Proceedings should be conducted in Texas, where RM's welfare is adequately provided for.

Parties
Applicant: FT; 1st Respondent: MM; 2nd Respondent: RM
Jurisdiction
England and Wales
Judgment Date
12 April 2019
Procedural Posture
Family / Final Judgment
Outcome
Application dismissed; English court cedes jurisdiction to Texas.
Legal Topics
Habitual Residence, Forum Conveniens, Inherent Jurisdiction, Wrongful Removal, Court of Protection, Guardianship, Child Welfare
Family Law Mental Capacity International Law Habitual Residence Forum Conveniens Inherent Jurisdiction Wrongful Removal Court of Protection +2 more

Case Brief

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Parties

FT

Applicant

MM

1st Respondent

RM

2nd Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether RM is habitually resident in the USA or England and Wales
  2. 2 Whether the English court should cede jurisdiction to Texas
  3. 3 Whether orders for RM's return should be enforced or discharged

Ratio Decidendi

RM is habitually resident in Texas, USA, and the English court no longer has jurisdiction. Further orders for RM's return would be futile and not in his best interests. Proceedings should be conducted in Texas, where RM's welfare is adequately provided for.

Court Disposition

Application dismissed; English court cedes jurisdiction to Texas.

Orders

  • No proceedings in the Court of Protection
  • No directions given