G O T v K J K [2014] ScotSC 83 (05 August 2014)

G O T v K J K [2014] ScotSC 83 (05 August 2014)

The Scottish court remains the more appropriate forum as it has the most real and substantial connection to the proceedings: the case has been ongoing in Scotland since 2005, all relevant records and orders are available there, the children were born and had family connections in Scotland, and the English proceedings were dismissed as premature. The factors advanced by the defender were given little weight compared to the substantial connection to Scotland.

Citation
[2014] ScotSC 83
Parties
Pursuer: G. O. T.; Defender: K. J. K.
Jurisdiction
Scotland
Judgment Date
05 August 2014
Procedural Posture
Family Action (residence/contact Order) / Interlocutory Ruling on Forum Non Conveniens Plea
Outcome
Defender's plea of forum non conveniens repelled; application to sist proceedings refused.
Legal Topics
Residence Orders, Contact Orders, Forum Non Conveniens, Jurisdiction Within UK, Children's Welfare
Family Law Jurisdiction Residence Orders Contact Orders Forum Non Conveniens Jurisdiction Within UK Children's Welfare

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Parties

G. O. T.

Pursuer

K. J. K.

Defender

Procedural Posture

Family Action (residence/contact Order) / Interlocutory Ruling on Forum Non Conveniens Plea

Legal Issues

  1. 1 Whether the Scottish court should sist (stay) proceedings in favour of the English County Court as a more appropriate forum under section 14 of the Family Law Act 1986
  2. 2 Whether the Scottish court remains the natural forum for the residence/contact dispute

Ratio Decidendi

The Scottish court remains the more appropriate forum as it has the most real and substantial connection to the proceedings: the case has been ongoing in Scotland since 2005, all relevant records and orders are available there, the children were born and had family connections in Scotland, and the English proceedings were dismissed as premature. The factors advanced by the defender were given little weight compared to the substantial connection to Scotland.

Court Disposition

Defender's plea of forum non conveniens repelled; application to sist proceedings refused.

Orders

  • Repels the defender’s eighth plea in law that the English County Court is the more natural and convenient court.
  • Refuses to sist the pursuer’s application for a residence order/contact order.