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Family Law

The leading authority on all aspects of family law

20 JUL 2011

FAMILY PROCEEDINGS/ JURISDICTION: Re W (Children) [2011] EWCA Civ 703

(Court of Appeal; Thorpe, Rimer and Stanley Burnton LJJ; 17 June 2011)

A mirror order was made in respect of a child who was habitually resident in Malaysia. At issue was whether the jurisdiction thereby conferred on English court to make other orders relating to the child, who was a British citizen. The child was living with the British father under a Malaysian court order with unspecified ‘reasonable' contact to the mother.

A litigant seeking a mirror order does not accept the jurisdiction of the ancillary state to do any more than reiterate the provisions of the primary jurisdiction. The mirror order does not give rise to primary or shared jurisdiction to exercise discretionary powers in relation to residence or contact.

 

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