Family Law Update: Scotland v England, who has jurisdiction?

Cross-border UK cases in family law can be a minefield. Which court has jurisdiction when parties are separated by borders needs careful consideration and this is highlighted in the recent English case of P v G (2010) EWCH 1311 (Fam).

In this case, the parties initially resided in England with their children and then moved to Scotland in May 2007, thereafter the parties separated in December 2009 and the mother fled to England with the children. The father raised an action for return of the children and a residence order in Scotland in January 2010 and the mother raised similar proceedings in England in February 2010. The question was which court retained jurisdiction?

In the judgement the English judge described the law in this matter as "somewhat complicated" but went on to decide that although emergency orders could be made in England, the ultimate jurisdiction in this case was in Scotland as jurisdiction is retained for a period of 12 months, and the children involved had not been in England for that lenghth of time.

This aspect of family law is often overlooked but is something that should be given great care before raising an action as expenses can follow if the the action is ultimately raised in the wrong jurisdiction.

To see the judgement in full, please click here.

Marisa Cullen has been dealing with the difficulties in intra uk cases not only for clients but also as a commitee member of the Law Society's Family Law Sub-Committee.