RJ v Tigipko & Ors

RJ v Tigipko & Ors

The court declined to adjudicate on applications for positive orders against the maternal grandfather and Slava due to lack of a valid Ukrainian application and concerns about jurisdiction under the Hague Convention, and instead lifted the stay on the father's application for return of the children, directing it to proceed against the mother only.

Parties
Applicant: RJ; First Respondent: GANNA TIGIPKO; Second Respondent: SERGIY TIGIPKO; Third Respondent: VIACHESLAV BAIKOVSKYI; Fourth and Fifth Respondents: Children (via Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
04 June 2019
Procedural Posture
Family / Interlocutory Directions and Orders
Outcome
Stay on father's application for return of children lifted; directions given for hearing; Slava discharged as party; maternal grandfather remains party but no orders made against him; order for improved indirect contact (photos, videos); costs directions for guardian.
Legal Topics
Child Custody, Return of Children, Jurisdiction, Enforcement of Foreign Orders, Mediation, Anti Suit Injunctions
Family Law International Child Law Child Custody Return of Children Jurisdiction Enforcement of Foreign Orders Mediation Anti Suit Injunctions

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Parties

RJ

Applicant

GANNA TIGIPKO

First Respondent

SERGIY TIGIPKO

Second Respondent

VIACHESLAV BAIKOVSKYI

Third Respondent

Children (via Children’s Guardian)

Fourth and Fifth Respondents

Procedural Posture

Family / Interlocutory Directions and Orders

Legal Issues

  1. 1 Whether supplemental or ancillary orders can be made absent a valid application in Ukraine under the 1996 Hague Convention
  2. 2 Whether the court has jurisdiction to grant anti-suit or mandatory injunctions in the context of Hague Convention countries
  3. 3 Directions for hearing the father's application for return of children

Ratio Decidendi

The court declined to adjudicate on applications for positive orders against the maternal grandfather and Slava due to lack of a valid Ukrainian application and concerns about jurisdiction under the Hague Convention, and instead lifted the stay on the father's application for return of the children, directing it to proceed against the mother only.

Court Disposition

Stay on father's application for return of children lifted; directions given for hearing; Slava discharged as party; maternal grandfather remains party but no orders made against him; order for improved indirect contact (photos, videos); costs directions for guardian.

Orders

  • Stay on father's application for return of children lifted
  • Directions for evidence filing and hearing