M & L (Children), Re

M & L (Children), Re

It is manifestly in L’s best interests for decisions about his contact to be taken by the court which is making decisions about M’s contact, to avoid inconsistent orders and ensure comprehensive consideration of sibling contact. The English court is therefore better placed to assess L’s best interests and should...

Source-derived case information.

Parties
Applicant: JA; Respondent: TH
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Family / Judgment
Outcome
Request to Norwegian court for authorisation under Article 9 of the 1996 Hague Convention to exercise jurisdiction regarding L's contact arrangements granted.
Legal Topics
Jurisdiction Under Hague Convention, Parental Responsibility, Child Contact Arrangements, Transfer of Proceedings
Family Law Private International Law Jurisdiction Under Hague Convention Parental Responsibility Child Contact Arrangements Transfer of Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

JA

Applicant

TH

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the English court should request the Norwegian court to authorise it to exercise jurisdiction under Article 9 of the 1996 Hague Convention regarding L's contact arrangements
  2. 2 Whether the English court is better placed to assess L's best interests compared to the Norwegian court

Ratio Decidendi

It is manifestly in L’s best interests for decisions about his contact to be taken by the court which is making decisions about M’s contact, to avoid inconsistent orders and ensure comprehensive consideration of sibling contact. The English court is therefore better placed to assess L’s best interests and should request authorisation from the Norwegian court under Article 9.

Court Disposition

Request to Norwegian court for authorisation under Article 9 of the 1996 Hague Convention to exercise jurisdiction regarding L's contact arrangements granted.

Orders

  • The English court will submit a request to the Norwegian court to authorise it to exercise jurisdiction over L's contact arrangements.
  • The court will contact the International Family Justice Office to facilitate the request.