header-logo header-logo

04 September 2008 / David Barry
Issue: 7335 / Categories: Features , Family
printer mail-detail

Family law update

Jurisdiction and the balance of fairness. David Barry discusses the implications of Bush & Bush

In Bush & Bush [2008] EWCA Civ 865, [2008] All ER (D) 320 (Jul) the parents married in London in 1988. They subsequently lived abroad but all three of their children (aged between 14 years and nine years) were born in England and held British citizenship. The children were never resident in England.

In September 2006 the family went to live in Spain. By February 2007 the parties separated. The eldest child lived with the father and subsequently the middle child also lived with him. In July 2007 the mother filed a divorce petition in England based on the parties' domicile.

The mother filed a statement of arrangements. On 31 July 2007 the father filed an acknowledgment of service and also filed his own statement of arrangements. It was agreed the parties and the children were all habitually resident in Spain. Born 3 August 2007 the father filed an application in the Court of First Instance, Marbella (the Spanish

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll