E -v- F (Family) [2016] JRC 198B (01 November 2016)

The Royal Court of Jersey refused to entertain the mother's application for child maintenance as she had not exhausted her remedies in England, the matter had been substantially litigated there, and it was unreasonable to seek advantage in both jurisdictions. The mother can pursue further remedies in England, including reassessment and appeals.

Citation: [2016] JRC 198B
Parties: Applicant: E; Respondent: F
Jurisdiction: Jersey
Judgment Date: 01 November 2016
Procedural Posture: Family / Application for Child Maintenance, Jurisdictional Hearing
Outcome: Application refused
Legal Topics: Child Maintenance, Jurisdiction, Forum Non Conveniens, Res Judicata

Family Law Child Maintenance Jurisdiction Forum Non Conveniens Res Judicata

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 11

Parties

Applicant

Respondent

Procedural Posture

Family / Application for Child Maintenance, Jurisdictional Hearing

Legal Issues

1 Whether the Royal Court of Jersey should entertain the mother's application for child maintenance
2 Whether the matter is res judicata due to prior proceedings in England
3 Whether Jersey is the appropriate forum for the application

Ratio Decidendi

Court Disposition

Application refused

Orders

Mother to pay father's costs on a standard basis, taxed if not agreed
Costs not to be enforced without leave of the Court due to mother's legal aid certificate