E -v- F (Matrimonial) [2018] JRC 102B (13 June 2018)

E -v- F (Matrimonial) [2018] JRC 102B (13 June 2018)

The mother failed to establish that England is clearly or distinctly more appropriate than Jersey for determining the child's residence. The application for a stay was made late, after substantial progress in Jersey proceedings, and granting a stay would cause delay, increased costs, and potential harm to the child's welfare. Judicial continuity and the guardian's relationship with the child are significant factors. Jersey remains the natural and appropriate forum.

Citation
[2018] JRC 102B
Parties
Petitioner: E; Respondent: F
Jurisdiction
Jersey
Judgment Date
13 June 2018
Procedural Posture
Matrimonial / Application for Stay of Proceedings
Outcome
application for stay refused
Legal Topics
Forum Non Conveniens, Habitual Residence, Stay of Proceedings, Child Arrangements, Judicial Continuity
Family Law Child Custody Jurisdiction Forum Non Conveniens Habitual Residence Stay of Proceedings Child Arrangements Judicial Continuity

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Parties

E

Petitioner

F

Respondent

Procedural Posture

Matrimonial / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether Jersey or England is the appropriate forum for determining the child's residence
  2. 2 Whether a stay of Jersey proceedings should be granted to allow proceedings in England
  3. 3 Impact of delay and judicial continuity on the child's welfare

Ratio Decidendi

The mother failed to establish that England is clearly or distinctly more appropriate than Jersey for determining the child's residence. The application for a stay was made late, after substantial progress in Jersey proceedings, and granting a stay would cause delay, increased costs, and potential harm to the child's welfare. Judicial continuity and the guardian's relationship with the child are significant factors. Jersey remains the natural and appropriate forum.

Court Disposition

application for stay refused

Orders

  • Jersey proceedings to continue
  • No stay granted