Mehvish Chaudhry, instructed by Goodman Ray Solicitors, acted for the Respondent and Martha Gray, instructed by The International Family Law Group LLP, acted for the Applicant in WB v VM [2024] EWHC 302 (Fam)

23rd Feb 2024 | Cases

This was an application for a return order under the inherent jurisdiction in respect of a 2 year old who had been been removed to Jordan.  

Mr Justice Cusworth sets out the authorities for determining jurisdiction in circumstances where an application for return is made to a non-Convention country.  Applying the tests in the established case law, he found the child was habitually resident at the date of the application but was now habitually resident in Jordan.  On that basis, whether there remains jurisdiction in England and Wales will fall to be determined by the application of national law.  

Mr Justice Cusworth deferred a final decision, inviting the parties to engage in mediation.  

To read the full published judgment click here: WB v VM – Find case law – The National Archives

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