Re S: A short lesson on jurisdiction in international children cases post-Brexit

The President of the Family Division has very recently handed down his decision in this matter of
Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam) in which we acted for the successful applicant mother. Whilst the facts of the case are unique the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union

Facts

This matter concerned a child aged just 18 months who has resided in Antigua and Barbuda for her entire life. In December 2021 the father unilaterally removed the child from Antigua to the UK; the mother immediately launched abduction proceedings in the High Court of Justice Family Division seeking her return to Antigua. Just four days later a collection order was executed removing the child from the father’s care and placing her into the mother’s care in England. Although the Judge did not hear evidence in relation to the child’s removal to this jurisdiction McFarlane P notes “it is difficult to see the father’s actions [in removing the child] ...in anything other...

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