Family Law Hub

Jurisdiction

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  • The wife's divorce petition was issued in England in October 2015. An attempt to serve the petition on the husband was made in February 2016 in Germany where he was living at the time, but this failed because of insufficient address details being given by the wife. In the meantime, the husband had commenced divorce proceedings in Germany in January 2016. The husband was appealing against a ruling that the English court was first seised on the grounds that the wife had failed to take the required steps to serve the petition. The appeal was dismissed, the court saying that Rule 7.8 FPR simply requires the petitioner to serve the petition. No particular step is stipulated as having to take place "immediately" or by a certain date. Judgment, 16/07/2018, free
  • Mother's appeal against an order that she return the children to the UK from Poland after the English court ruled that they, and not the Polish court, had jurisdiction. The appeal was allowed, the court saying that the Polish court became and had remained seised of jurisdiction in relation to the children. Judgment, 16/07/2018, free
  • The judge had to decide whether, as the father and the children's guardian maintained, the courts of England and Wales have jurisdiction over the child in respect of matters of parental responsibility or whether, as his mother argued, jurisdiction now rests with the courts of Northern Ireland. The judge ruled in favour of the father. Judgment, 19/03/2018, free
  • Appeal by wife against an order, which said that the parties had divorced in France in 2015 and therefore the Decree Nisi and Decree Absolute granted in the UK in 2016 were null and void, on the basis that she did not have proper notice of the French divorce. The appeal was dismissed and the UK Decree Nisi and Decree Absolute were set aside. Judgment, 12/03/2018, free
  • Appeal by father against an order declaring that the children were habitually resident in Canada and that the court had no jurisdiction to determine the application by the children's father for a child arrangements order and prohibited steps order under the Children Act 1989 as amended, and further discharged an earlier prohibited steps order under which the mother had been prohibited from removing the children from England and Wales. Appeal dismissed. Judgment, 09/03/2018, free

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