Caselaw Digest
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U v E

[2024] EWFC 39
A couple fought over their child in court. The child moved to Ireland, causing confusion over which country's court should handle the case. After much legal debate, it was decided that Ireland's court should take over. The English court closed its part of the case, allowing the Irish court to decide what happens next.

Key Facts

  • Four-year-old boy, R, subject of litigation for almost three years.
  • Parties in relationship from 2017 to 2021; R conceived via artificial insemination.
  • Respondent is biological mother; Applicant lacks parental responsibility but claims psychological parenthood.
  • Proceedings began in July 2021 after respondent took R to Ireland.
  • Serious allegations of domestic abuse made by both parties; findings of abuse against both.
  • Jurisdictional issue arose concerning R's habitual residence (England & Wales initially, then Ireland).
  • Conflicting case law on determining the relevant date for habitual residence (date of hearing vs. date court seized).
  • Court of Appeal decision confirmed Irish court's exclusive jurisdiction.
  • Applicant explored potential remedies under Irish law; found to have recourse there.
  • Proceedings concluded; matters to be pursued in Irish courts.

Legal Principles

Jurisdiction in child custody cases under the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.

Article 5 of the 1996 Hague Convention

Determining the relevant date for establishing habitual residence for jurisdictional purposes (date of hearing vs. date court seized).

London Borough of Hackney v P and Ors [2022] EWHC 1981 (Fam); Derbyshire County Council v A Mother and Others [2023] EWFC 183; London Borough of Hackney v P and Others (Jurisdiction: 1996 Hague Protection Convention) [2023] EWCA Civ 1213

Court's power to make interim orders under Article 14 of the 1996 Hague Convention even after jurisdiction is lost.

Article 14 of the 1996 Hague Convention

Section 10 Children Act 1989 regarding leave to apply for orders.

Section 10 Children Act 1989

Outcomes

English court relinquished jurisdiction; proceedings to be transferred to Irish courts.

R's habitual residence shifted to Ireland; Irish court deemed to have exclusive jurisdiction based on Court of Appeal precedent.

Interim contact arrangements remain in place pending Irish court proceedings.

Agreement of parties; question of court's jurisdiction to vary previous orders while lacking jurisdiction under Article 5 or 11 not decided.

Permission granted for disclosure of all documents to Irish court.

To assist Irish court in understanding the procedural history and evidence.

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