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Question re jurisdiction

  • rubytuesday
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30 Aug 12 #352826 by rubytuesday
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Situation is thus:

Mother is a Dutch national, with dual UK nationality. Father is a UK national.

For the last 12 years they have both been working and living in the Middle East, with regular return visits to the Netherlands and the UK to see extended family. They retain a jointly own house in the UK, in the father''s home town, to which he plans to return to live in once his contract has expired.

This summer, mother took the children to the Netherlands, and announced to the father when he joined them a week later that the marriage was over, and she and the children were remaining in the Netherlands.

Father has had no option but to return to the Middle East to see out the rest of his contract which ends next summer.

Mother is "allowing" a maximum of 2 Skype calls a week between father and children. He has been "allowed" 2 one day contact visits with the children in the Netherlands in the last two months - no proposal for proper, regular contact has been out forward by the mother, other than the max of 2 Skype calls per week.

As the children have lived outside of the UK for an extended period, and now live in an EU country, under which jurisdiction would the father need to apply for a contact order?

  • dukey
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30 Aug 12 #352829 by dukey
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England, the fathers domicile status is England and he retains property here and therefore can make application here.

The kids were born?

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30 Aug 12 #352831 by rubytuesday
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Kids were born in the UK, and are UK nationals but have spent most of their lives living in the Middle East.

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30 Aug 12 #352832 by dukey
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Then he can make the application here having it implemented is a whole new ball game.

  • NoWhereToTurnl
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30 Aug 12 #352837 by NoWhereToTurnl
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Not sure about this but if the children''s habitual residence is in the Netherlands would it be under the jurisdiction of the Netherlands court?

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30 Aug 12 #352840 by Forseti
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I would make the application here. The court can either confirm that it has jurisdiction or that it has not. If it hasn''t he will need to apply in the Dutch court.

If it has, then it should be possible to register any order in Holland under Brussels II bis - it should be a purely administrative process.

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30 Aug 12 #352842 by dukey
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It is possible but if the farther who has the right to make the application wants to then this jurisdiction takes precedent, also bear in mind habitual residence is just where you live the children`s domicile is still almost certainly England, the passports will also be England.

I must confess though this is one of those best left to a solicitor, i do know of similar cases to this where the courts here heard the application.

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