P v G

P v G

The English court only has jurisdiction to make orders regarding S if immediate exercise of its powers is necessary for her protection; otherwise, Scottish courts have jurisdiction under section 41 of the Family Law Act 1986. Orders made under inherent jurisdiction are limited to urgent protection and do not confer continuing jurisdiction. English proceedings are stayed, except for protective orders continuing until Scottish courts resume jurisdiction.

Parties
Plaintiff: P; Defendant: G
Jurisdiction
England and Wales
Judgment Date
30 April 2010
Procedural Posture
Originating Summons / Ruling on Application to Stay Proceedings
Outcome
Stay of English proceedings granted, except for protective orders continuing until 12th May.
Legal Topics
Children Act Proceedings, Jurisdictional Conflict, Parental Responsibility, Habitual Residence, Forum Non Conveniens
Family Law Jurisdiction Children Act Proceedings Jurisdictional Conflict Parental Responsibility Habitual Residence Forum Non Conveniens

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Parties

P

Plaintiff

G

Defendant

Procedural Posture

Originating Summons / Ruling on Application to Stay Proceedings

Legal Issues

  1. 1 Whether English proceedings should be stayed in favour of Scottish jurisdiction
  2. 2 Jurisdiction to make orders regarding child S under Family Law Act 1986
  3. 3 Application of section 41 Family Law Act 1986 to habitual residence

Ratio Decidendi

The English court only has jurisdiction to make orders regarding S if immediate exercise of its powers is necessary for her protection; otherwise, Scottish courts have jurisdiction under section 41 of the Family Law Act 1986. Orders made under inherent jurisdiction are limited to urgent protection and do not confer continuing jurisdiction. English proceedings are stayed, except for protective orders continuing until Scottish courts resume jurisdiction.

Court Disposition

Stay of English proceedings granted, except for protective orders continuing until 12th May.

Orders

  • Non-molestation, residence, and prohibited steps orders to continue until 12th May.
  • English proceedings stayed thereafter.