B v B

B v B

The English courts acquired and retain jurisdiction over R under the Children Act 1989 because, after the lapse of the statutory one-year period following R's removal from Scotland, R became habitually resident in England. The Scottish court has stayed its proceedings, effectively declining jurisdiction, and the English court is the proper forum. Orders made without jurisdiction remain effective until discharged. There is no basis to transfer proceedings to Scotland.

Parties
Appellant: Mr B; Respondent: Mrs B
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Appeal (family Law Children) / Judgment on Appeal From Family Division, High Court
Outcome
Appeal dismissed
Legal Topics
Children Act 1989, Family Law Act 1986, Jurisdiction Between England and Scotland, Habitual Residence, Forum Conveniens, Recognition of Orders
Family Law Jurisdiction Children Act 1989 Family Law Act 1986 Jurisdiction Between England and Scotland Habitual Residence Forum Conveniens Recognition of Orders

Case Brief

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Parties

Mr B

Appellant

Mrs B

Respondent

Procedural Posture

Appeal (family Law Children) / Judgment on Appeal From Family Division, High Court

Legal Issues

  1. 1 Whether the courts of England and Wales have jurisdiction to hear proceedings under the Children Act 1989 regarding R
  2. 2 Whether the English court should decline to exercise jurisdiction in favour of the Scottish court

Ratio Decidendi

The English courts acquired and retain jurisdiction over R under the Children Act 1989 because, after the lapse of the statutory one-year period following R's removal from Scotland, R became habitually resident in England. The Scottish court has stayed its proceedings, effectively declining jurisdiction, and the English court is the proper forum. Orders made without jurisdiction remain effective until discharged. There is no basis to transfer proceedings to Scotland.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs