High Court of Justice (England and Wales), Family Division

High Court of Justice (England and Wales), Family Division

United Kingdom - England and Wales

14 October 2016

JA and TH (Reported as: Re M & L (Children))

[2016] EWHC 2535 (Fam)

First instance

Article 9

• Article 1
• Article 3
• Article 5
• Article 8

Children Act 1989

Not provided

Following the parents' separation, one child remained living in England with the father while the younger child relocated to Norway with the mother. Proceedings concerning contact arrangements were commenced in both countries. The father sought a request under Article 9 of the 1996 Hague Convention so that the English court could determine all issues relating to both children. Baker J held that the jurisdictional preconditions for Article 9 were satisfied because the child was a British national and had a substantial connection with England. Although the English and Norwegian courts were broadly equally competent to determine welfare issues, the court concluded that England was better placed to assess the child's best interests because contact issues concerning the two siblings were inextricably linked and should be determined by a single court. The judgment contains important observations on the operation of Articles 8 and 9, the meaning of the "better placed" test, and the role of judicial cooperation and communication under the Convention.

The High Court concluded that it was better placed than the Norwegian court to determine issues concerning the younger child's contact with his father and brother. Baker J therefore decided to submit a request under Article 9 seeking authorisation from the Norwegian court for the English court to exercise jurisdiction.

Not provided