Re T (Children) (Jurisdiction: Matrimonial Proceedings)
[2023] EWCA Civ 285
AM & Anor v KL & Anor
10 February 2023
[2023] EWFC 15
Family Court
Two children live in England. Their grandparents in Greece also wanted a say in their lives and tried to get a Greek court involved. The English court said they're the ones who should decide what's best for the children because that's where the children live and it's better for them to stay there. The grandparents can still ask the English court to make decisions about contact.
Key Facts
- •Two children, A and B, habitually resident in England and Wales, are the subject of proceedings in both England and Greece.
- •Parents (AM and GM) applied for child arrangements and prohibited steps orders in England.
- •Maternal grandparents (KL and VL) in Greece applied for jurisdiction transfer to the Greek court and alternatively for permission to apply for a child arrangements order in England.
- •The Greek court issued interim contact orders based on the children's Greek citizenship and the location of contact execution.
- •Both the UK and Greece are Contracting States to the 1996 Hague Convention on child protection.
Legal Principles
Habitual residence of a child determines jurisdiction under the 1996 Hague Convention.
1996 Hague Convention, Article 5
Urgent cases allow authorities where a child is present to take protective measures.
1996 Hague Convention, Article 11
Jurisdiction can exceptionally be transferred to another Contracting State if it's better placed to assess the child's best interests.
1996 Hague Convention, Article 8
The court should not make comparative judgments between different legal systems.
Re N (Children) [2016] UKSC 15; Re M & L (Children) [2016] EWHC 2535 (Fam)
Permission to apply for a child arrangements order can be granted under s.10(1)(a)(ii) of the Children Act 1989.
Children Act 1989, s.10(1)(a)(ii)
Outcomes
The English court retains jurisdiction over the children.
Children are habitually resident in England and Wales; Greek court's jurisdiction was outside the 1996 Hague Convention; transfer of jurisdiction is not in children's best interests.
Maternal grandparents granted permission to apply for a child arrangements order in the English court.
This allows them to pursue their case in the appropriate jurisdiction.