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Foreign Jurisdiction

Family and Children

The English courts have declined to hear a case for parental responsibility and interim contact as the case had been lawfully taken and retained under the jurisdiction of the Swedish court.

The case of A v B (a child) (jurisdiction) concerned the breakdown down of a relationship between a couple before their child was born.  The child was born and lived in Sweden with the mother.  In December 2010 the Swedish courts approved an agreement between the parents for future contact between the father and child.  The father did not maintain contact as agreed but subsequently applied through the Swedish courts in 2011 for interim joint custody.  The court dismissed this application and decided the father should have no contact with the child.

Later in 2011 the mother returned to England with the child.  The father then made applications to the English courts for parental responsibility and interim contact.

The mother submitted that she was staying with her mother temporarily in England and would be returning to Sweden.  It was ruled that the Swedish courts had ‘jurisdiction in the substance of the matter’.  The facts given were not sufficient to ask the Swedish court to transfer jurisdiction to the English courts.

If you would like advice regarding children and unmarried relationship breakdowns please contact our Family Law Department for a free initial interview on Eastbourne 01323 727321 of Hailsham 01323 841481.

Nicholas Dennis
Nicholas Dennis
Alexandra Funnell
Alexandra Funnell
Guy Brown
Guy Brown
Carolyn Richards
Carolyn Richards