Re M & L (Children) [2016] EWHC 2535 (Fam)


Area of law:

24 May 2017

A novel case concerning the power to submit a request to the court of another country to assume jurisdiction under Article 8, or for authorisation to exercise jurisdiction under Article 9, of 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.

One sibling living in Norway with one parent, the other in the UK with the other. Proceedings in respect of one sibling issued in each jurisdiction.

The decision: The English court agreed to request that the Norwegian court should permit it to exercise jurisdiction in respect of the sibling living in Norway in order that proceedings for both siblings could be heard by the same court.