Y v H & Anor

Y v H & Anor

There are ongoing proceedings in England and Wales commenced when the child was habitually resident in this jurisdiction; these proceedings have not been terminated and confer jurisdiction on this court. The mother’s removal of the child did not extinguish the court’s jurisdiction. The applicant has not demonstrated that Northern Ireland is a more suitable forum. The court in England and Wales retains jurisdiction and will not stay the proceedings.

Parties
Applicant: Y; First Respondent: H; Second Respondent (the Child, by Guardian): C
Jurisdiction
England and Wales
Judgment Date
22 December 2017
Procedural Posture
Family Law (child Arrangements, Jurisdiction) / Interlocutory Judgment on Jurisdiction and Forum
Outcome
Jurisdiction retained by the courts of England and Wales; application to stay proceedings in favour of Northern Ireland refused.
Legal Topics
Child Arrangements, Habitual Residence, Forum Non Conveniens, Parental Responsibility, Enforcement of Orders
Family Law Jurisdiction Child Arrangements Habitual Residence Forum Non Conveniens Parental Responsibility Enforcement of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Y

Applicant

H

First Respondent

C

Second Respondent (the Child, by Guardian)

Procedural Posture

Family Law (child Arrangements, Jurisdiction) / Interlocutory Judgment on Jurisdiction and Forum

Legal Issues

  1. 1 Whether the courts of England and Wales have jurisdiction over the child C in respect of parental responsibility and child arrangements
  2. 2 Whether jurisdiction has shifted to the courts of Northern Ireland
  3. 3 Whether ongoing proceedings in England and Wales preclude a change in jurisdiction

Ratio Decidendi

There are ongoing proceedings in England and Wales commenced when the child was habitually resident in this jurisdiction; these proceedings have not been terminated and confer jurisdiction on this court. The mother’s removal of the child did not extinguish the court’s jurisdiction. The applicant has not demonstrated that Northern Ireland is a more suitable forum. The court in England and Wales retains jurisdiction and will not stay the proceedings.

Court Disposition

Jurisdiction retained by the courts of England and Wales; application to stay proceedings in favour of Northern Ireland refused.

Orders

  • Interim order for the child to remain with the father continues in force.
  • Case-management directions to follow; draft order to be submitted by counsel.