GM v KZ

GM v KZ

The children were habitually resident in England at the relevant dates; the English court has exclusive jurisdiction under article 8 of BIIR; the Polish proceedings lost priority due to lack of service and subsequent dismissal; the retention of the children in Poland breached English court orders; the children must...

Source-derived case information.

Parties
Applicant: GM; Respondent: KZ
Jurisdiction
England and Wales
Judgment Date
14 November 2017
Procedural Posture
Family / Judgment
Outcome
Order for summary return of the children to England by 15 December 2017; welfare decisions to be made by Family Court at Brighton.
Legal Topics
Habitual Residence, Jurisdiction, Child Welfare, Wrongful Removal, Recognition and Enforcement of Orders
Family Law International Child Law Habitual Residence Jurisdiction Child Welfare Wrongful Removal Recognition and Enforcement of Orders

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Parties

GM

Applicant

KZ

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Where were the children habitually resident at the dates of the relevant applications in Poland and England?
  2. 2 Does this court have jurisdiction to determine the welfare proceedings under BIIR?
  3. 3 Was the Polish court seised with welfare proceedings and were service requirements complied with?

Ratio Decidendi

The children were habitually resident in England at the relevant dates; the English court has exclusive jurisdiction under article 8 of BIIR; the Polish proceedings lost priority due to lack of service and subsequent dismissal; the retention of the children in Poland breached English court orders; the children must be returned to England.

Court Disposition

Order for summary return of the children to England by 15 December 2017; welfare decisions to be made by Family Court at Brighton.

Orders

  • Children to be returned to England by 15 December 2017.
  • Upon return, children to live in family home with parents alternating weekly care as per order of 18 July 2016.