Y v I

Y v I

There is no jurisdiction to entertain the Mother's applications as Q was habitually resident in Pakistan on all relevant dates, and there is no extant contact order capable of variation. The statutory requirements for jurisdiction under the Family Law Act 1986 are not satisfied.

Parties
Applicant: Y; First Respondent: I; Second Respondent: QI
Jurisdiction
England and Wales
Judgment Date
28 May 2009
Procedural Posture
Family / Judgment
Outcome
Applications dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Forum Non Conveniens, Contact Orders, Habitual Residence
Family Law International Child Law Jurisdiction Forum Non Conveniens Contact Orders Habitual Residence

Case Brief

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Parties

Y

Applicant

I

First Respondent

QI

Second Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the Mother's applications
  2. 2 Whether the court should decline jurisdiction and stay proceedings as forum non conveniens

Ratio Decidendi

There is no jurisdiction to entertain the Mother's applications as Q was habitually resident in Pakistan on all relevant dates, and there is no extant contact order capable of variation. The statutory requirements for jurisdiction under the Family Law Act 1986 are not satisfied.

Court Disposition

Applications dismissed for want of jurisdiction.

Orders

  • No order as to contact; applications struck out.