Family Court (England and Wales), High Court Judge sitting in the Family Court

Family Court (England and Wales), High Court Judge sitting in the Family Court

United Kingdom - England and Wales

10 February 2023

AM and GM v KL and VL

[2023] EWFC 15

First instance

• Article 5(1)
• Article 8

• Article 1
• Article 3
• Article 11
• Article 23

Children Act 1989, Civil Jurisdiction and Judgments Act 1982 (as amended by the Private International Law (Implementation of Agreements) Act 2020), incorporating the 1996 Hague Convention into domestic law

Not provided

The proceedings concerned two children habitually resident in England and Wales whose maternal grandparents, residing in Greece, had commenced proceedings before the Greek courts seeking contact. The Greek court asserted jurisdiction on the basis of the children's Greek nationality and the anticipated execution of contact orders in Greece, without considering the 1996 Hague Convention. The English court, after judicial liaison with the Greek court through the Hague Judicial Network, held that jurisdiction was governed exclusively by the 1996 Hague Convention. Since the children were habitually resident in England and Wales, Article 5 conferred exclusive jurisdiction on the English courts. The court further rejected the grandparents' application under Article 8 to transfer jurisdiction, holding that although the children possessed Greek nationality (thus satisfying the connecting factor in Article 8(2)(a)), Greece was not better placed to assess their best interests because all relevant welfare evidence was located in England. The court emphasised that the Convention establishes a complete and closed jurisdictional system and that transfer under Article 8 is exceptional.

The Family Court held that England and Wales had exclusive jurisdiction under Article 5 of the 1996 Hague Convention because the children were habitually resident in England and Wales. It dismissed the maternal grandparents' application under Article 8 to transfer jurisdiction to the Greek courts, holding that Greece was not better placed to determine the children's best interests and that a transfer would not provide any genuine or specific added value. The court further held that the Greek court had been exercising jurisdiction outside the framework of the 1996 Hague Convention. The maternal grandparents were granted permission to pursue their contact application before the English courts instead.