VC v GC

VC v GC

The mother did not unequivocally accept the jurisdiction of the French courts; S is habitually resident in England; and it is in the superior interests of the child that the English court, as the court of habitual residence, determines all future issues of parental responsibility. The application to stay the English...

Source-derived case information.

Parties
Applicant: VC; Respondent: GC
Jurisdiction
England and Wales
Judgment Date
02 March 2012
Procedural Posture
Family Law Parental Responsibility / Residence Order / Application for Stay of Proceedings; Jurisdictional Challenge
Outcome
Application for stay of proceedings refused; English court retains jurisdiction.
Legal Topics
Jurisdiction Under Brussels II Revised, Habitual Residence of Child, Prorogation of Jurisdiction, Parental Responsibility, Forum Conveniens
Family Law Private International Law Jurisdiction Under Brussels II Revised Habitual Residence of Child Prorogation of Jurisdiction Parental Responsibility Forum Conveniens

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Parties

VC

Applicant

GC

Respondent

Procedural Posture

Family Law Parental Responsibility / Residence Order / Application for Stay of Proceedings; Jurisdictional Challenge

Legal Issues

  1. 1 Whether the English or French court has jurisdiction to determine parental responsibility for the child S under Brussels II Revised
  2. 2 Whether the mother unequivocally accepted the jurisdiction of the French courts under Article 12(1)(b)
  3. 3 Whether it is in the superior interests of the child for the English court to exercise jurisdiction

Ratio Decidendi

The mother did not unequivocally accept the jurisdiction of the French courts; S is habitually resident in England; and it is in the superior interests of the child that the English court, as the court of habitual residence, determines all future issues of parental responsibility. The application to stay the English proceedings is refused.

Court Disposition

Application for stay of proceedings refused; English court retains jurisdiction.

Orders

  • The English court will continue to determine all future issues of parental responsibility for S.
  • No stay of proceedings in England.