W v L (Forum Conveniens)
M is habitually resident in England and Wales, giving the English court jurisdiction under Art 8(1) of BIIa. The father has not demonstrated that Jordan is a clearly and distinctly more appropriate forum. The English court is the natural and appropriate forum to determine the welfare issues concerning M.
- Parties
- Applicant: W; Respondent: L
- Jurisdiction
- England and Wales
- Judgment Date
- 19 July 2019
- Procedural Posture
- Family / Interlocutory Judgment on Jurisdiction and Forum Conveniens
- Outcome
- Application granted; English court retains jurisdiction and will determine welfare issues.
- Legal Topics
- Habitual Residence, Jurisdiction, Forum Conveniens, Parental Responsibility, Child Welfare
Case Brief
Summary, issues, holding and outcome
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Parties
W
Applicant
L
Respondent
Procedural Posture
Family / Interlocutory Judgment on Jurisdiction and Forum Conveniens
Legal Issues
- 1 Whether the child M is habitually resident in England and Wales
- 2 Whether the English court or the Jordanian court is the appropriate forum to determine welfare issues regarding M
Ratio Decidendi
M is habitually resident in England and Wales, giving the English court jurisdiction under Art 8(1) of BIIa. The father has not demonstrated that Jordan is a clearly and distinctly more appropriate forum. The English court is the natural and appropriate forum to determine the welfare issues concerning M.
Court Disposition
Application granted; English court retains jurisdiction and will determine welfare issues.
Orders
- Declaration that M is habitually resident in England and Wales
- Proceedings will not be stayed in favour of the Jordanian court
Full Case Text
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