TK v ML

TK v ML

The Family Court of England and Wales lacks jurisdiction to entertain the mother's application because O is habitually resident in Ireland, and neither Brussels IIa, the 1996 Hague Convention, nor the residual jurisdiction under the Family Law Act 1986 applies. The prior agreement to jurisdiction was limited to earlier proceedings and does not extend to the present application. There is no sufficient temporal or causal connection between the current application and the parties' divorce, which was finalized over six years prior.

Parties
Applicant: TK; Respondent: ML
Jurisdiction
England and Wales
Judgment Date
03 February 2021
Procedural Posture
Child Arrangements Application (family Court) / Preliminary Jurisdictional Determination
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Habitual Residence, Child Arrangements, Recognition of Foreign Adoption, Wardship, Divorce Proceedings
Family Law Private International Law Jurisdiction Habitual Residence Child Arrangements Recognition of Foreign Adoption Wardship Divorce Proceedings

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Parties

TK

Applicant

ML

Respondent

Procedural Posture

Child Arrangements Application (family Court) / Preliminary Jurisdictional Determination

Legal Issues

  1. 1 Whether the Family Court of England and Wales has jurisdiction to hear the mother's application for a child arrangements order regarding O, an adopted child habitually resident outside England and Wales.

Ratio Decidendi

The Family Court of England and Wales lacks jurisdiction to entertain the mother's application because O is habitually resident in Ireland, and neither Brussels IIa, the 1996 Hague Convention, nor the residual jurisdiction under the Family Law Act 1986 applies. The prior agreement to jurisdiction was limited to earlier proceedings and does not extend to the present application. There is no sufficient temporal or causal connection between the current application and the parties' divorce, which was finalized over six years prior.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • The mother's application of 11 September 2020 is dismissed for lack of jurisdiction.