U v E

U v E

The English court no longer has jurisdiction as the child's habitual residence has moved to Ireland. The applicant can pursue remedies in Ireland, and the proceedings in England are concluded.

Parties
Applicant: U; Respondent: E
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Final Judgment; Proceedings Concluded and Transferred to Ireland
Outcome
Proceedings in England concluded; parties to apply in Ireland
Legal Topics
Jurisdiction, Habitual Residence, Parental Responsibility, Child Contact, Hague Convention 1996
Family Law International Child Law Jurisdiction Habitual Residence Parental Responsibility Child Contact Hague Convention 1996

Case Brief

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Parties

U

Applicant

E

Respondent

Procedural Posture

Family / Final Judgment; Proceedings Concluded and Transferred to Ireland

Legal Issues

  1. 1 Whether the English court retains jurisdiction over child arrangements after the child's habitual residence has moved to Ireland
  2. 2 Whether the applicant can pursue remedies in Ireland as a non-biological parent without parental responsibility
  3. 3 Whether the English court should make an Article 9 request for transfer of proceedings

Ratio Decidendi

The English court no longer has jurisdiction as the child's habitual residence has moved to Ireland. The applicant can pursue remedies in Ireland, and the proceedings in England are concluded.

Court Disposition

Proceedings in England concluded; parties to apply in Ireland

Orders

  • Permission granted for all documents in these proceedings to be disclosed to the Irish court
  • Respondent granted permission to withdraw her interim application