T v T

T v T

Despite the children's habitual residence in Ireland, the English courts retain jurisdiction due to the parties' unequivocal acceptance, the history of litigation in England, and the narrowness of the issues, making it in the best interests of the children for the litigation to continue in England.

Source-derived case information.

Parties
Applicant: T; Respondent: T
Jurisdiction
England and Wales
Judgment Date
06 August 2012
Procedural Posture
Family / Jurisdiction Determination
Outcome
Jurisdiction retained by English courts.
Legal Topics
Jurisdiction, Parental Responsibility, Habitual Residence, Contact Arrangements
Family Law International Child Law Jurisdiction Parental Responsibility Habitual Residence Contact Arrangements

Source-derived case record

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Parties

T

Applicant

T

Respondent

Procedural Posture

Family / Jurisdiction Determination

Legal Issues

  1. 1 Which jurisdiction should determine issues relating to the welfare of the two children?
  2. 2 Whether the English courts have jurisdiction under Brussels II Revised Regulation given the children's habitual residence in Ireland.

Ratio Decidendi

Despite the children's habitual residence in Ireland, the English courts retain jurisdiction due to the parties' unequivocal acceptance, the history of litigation in England, and the narrowness of the issues, making it in the best interests of the children for the litigation to continue in England.

Court Disposition

Jurisdiction retained by English courts.

Orders

  • Litigation to continue in England regarding the father's application.