In the matter of AA [2011] JRC 114B (16 June 2011)

In the matter of AA [2011] JRC 114B (16 June 2011)

The injunction preventing the mother from removing AA from the jurisdiction is lifted as AA is now habitually resident in Poland. The court declines to make a prescriptive contact order, instead making a flexible order for direct and indirect contact, with supervision required until otherwise agreed. Maintenance is set at £50 per week, reflecting the lower cost of living in Poland, and the father is to pay reasonable costs of contact. Jurisdiction for future matters will lie with the Polish courts if they become engaged.

Citation
[2011] JRC 114B
Parties
Respondent: Mother; Applicant: Father
Jurisdiction
Jersey
Judgment Date
16 June 2011
Procedural Posture
Family Law Child Contact and Maintenance / Final Hearing
Outcome
Injunction lifted; contact and maintenance orders made; no order as to costs.
Legal Topics
Child Contact, Parental Responsibility, Jurisdiction, Maintenance, Recognition and Enforcement of Custody Orders
Family Law International Child Law Child Contact Parental Responsibility Jurisdiction Maintenance Recognition and Enforcement of Custody Orders

Case Brief

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Parties

Mother

Respondent

Father

Applicant

Procedural Posture

Family Law Child Contact and Maintenance / Final Hearing

Legal Issues

  1. 1 Whether the injunction preventing the mother from removing AA from the jurisdiction should be lifted
  2. 2 Whether a prescriptive contact order should be made for the father
  3. 3 Jurisdiction for future contact and maintenance orders

Ratio Decidendi

The injunction preventing the mother from removing AA from the jurisdiction is lifted as AA is now habitually resident in Poland. The court declines to make a prescriptive contact order, instead making a flexible order for direct and indirect contact, with supervision required until otherwise agreed. Maintenance is set at £50 per week, reflecting the lower cost of living in Poland, and the father is to pay reasonable costs of contact. Jurisdiction for future matters will lie with the Polish courts if they become engaged.

Court Disposition

Injunction lifted; contact and maintenance orders made; no order as to costs.

Orders

  • The injunction preventing the mother from removing AA from the jurisdiction is lifted.
  • AA is acknowledged as habitually resident with the mother in Poland.