M v V

M v V

The English court does not have jurisdiction to entertain the mother's application for financial provision under Schedule 1 of the Children Act 1989 because the parties' French agreement and the subsequent French court order constitute an exclusive jurisdiction agreement in favour of the French courts under Article 23 of Brussels I. The mother is bound by the agreement and order, and her remedy lies in the French courts, not in fresh proceedings in England.

Parties
Applicant: M; Respondent: V
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Family Law – Financial Provision for Child Under Children Act 1989, Schedule 1 / Judgment on Preliminary Issue of Jurisdiction
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Jurisdiction Under Brussels I Regulation, Recognition and Enforcement of Foreign Judgments, Exclusive Jurisdiction Agreements, Financial Provision for Children, Variation and Enforcement of Foreign Maintenance Orders
Family Law Private International Law Jurisdiction Under Brussels I Regulation Recognition and Enforcement of Foreign Judgments Exclusive Jurisdiction Agreements Financial Provision for Children Variation and Enforcement of Foreign Maintenance Orders

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Parties

M

Applicant

V

Respondent

Procedural Posture

Family Law – Financial Provision for Child Under Children Act 1989, Schedule 1 / Judgment on Preliminary Issue of Jurisdiction

Legal Issues

  1. 1 Does the English court have jurisdiction to entertain the mother's application for financial provision under Schedule 1 of the Children Act 1989?
  2. 2 If jurisdiction exists, should the court exercise it to make a substantive order in favour of the child?

Ratio Decidendi

The English court does not have jurisdiction to entertain the mother's application for financial provision under Schedule 1 of the Children Act 1989 because the parties' French agreement and the subsequent French court order constitute an exclusive jurisdiction agreement in favour of the French courts under Article 23 of Brussels I. The mother is bound by the agreement and order, and her remedy lies in the French courts, not in fresh proceedings in England.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • The mother's summons is dismissed.
  • No substantive order is made in favour of the mother.