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Family

10 November 2011
Issue: 7489 / Categories: Case law , Law digest , In Court
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O v P (child) (financial relief) [2011] EWHC 2425 (Fam), [2011] All ER (D) 08 (Nov)

The court had jurisdiction to entertain an application under Sch 1 to the Children Act 1989 (ChA 1989) under the Civil Jurisdiction and Judgments Act 1982 if: (a) at the date of the application the father was domiciled in England and Wales; (b) at the date of the application the father was domiciled in another contracting state, or Scotland or Northern Ireland, and the child was either habitually resident or domiciled in England and Wales; or (c) if the father entered an appearance to the application, save for the purposes of contesting jurisdiction. In the alternative, if no other jurisdiction arose under the 1968 Convention, the court would have jurisdiction under domestic law: (d) if it had jurisdiction to make welfare orders under ChA 1989; or (e) of the child was habitually resident in England and Wales at the date of the application.
 

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