Background
The mother applied for child arrangements following earlier High Court proceedings determining the child should not return to Spain. The respondent father appeared in person. There were concerns about parallel proceedings in Spain and a lack of clarity surrounding the High Court’s judgment.
Relevant Law Family Law Act 1986; Children Act 1989; Brussels II Revised (where applicable); jurisdiction under s.9(1) Senior Courts Act 1981.
Issues
- Whether this court had jurisdiction to determine the child’s welfare
- How to proceed in light of foreign proceedings
- Lack of access to the High Court judgment
Challenges
Despite a High Court order, the absence of the full judgment and the existence of Spanish criminal and family proceedings meant the judge was not willing to proceed substantively.
Decision
The court directed the filing of jurisdiction-specific witness statements and the filing of the High Court judgment as an exhibit. A two-hour jurisdiction hearing before a Circuit Judge was listed. The respondent was directed to provide details of the Spanish proceedings. For assistance in this area of law, contact clerks@anvilchambers.co.uk