Case
B v B (Jurisdiction)
Citation
[2012] EWHC 1924 (Fam)
Date
13.07.2012
Comment
Neither the parents nor the two children were habitually resident in England the parents having married in the UK but emigrated to Dubai as a family in 2007. The parents separated in 2010. A divorce petition was issued in this jurisdiction. The mother also sought orders in respect of the residence of the children. An agreed order was put before the court in 2010 with a provision that both parents would take steps to have the order recognised in Dubai.
The mother was prevented from removing the children from Dubai in January 2011 she applied to the English court. A number of applications and cross applications were made and it became necessary for the court to consider whether it retained jurisdiction such that it could consider the welfare of the children and exercise its discretion or whether jurisdiction had been ceded previously such that the primary jurisdiction was now with the Dubai court.
Barristers involved