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Timothy Scott QC and Jonathan Tod - Jurisdiction and Forum issues in Schedule 1 Children Act Proceedings

Date:6 OCT 2008

Timothy Scott QC and Jonathan Tod Barristers 29 Bedford Row Chambers.
In most areas of family finance the jurisdictional basis upon which the English court is entitled to entertain an application is set out in the statute. The jurisdictional basis for divorce and other matrimonial suits (and hence for ancillary relief) is to be found in the Domicile and Matrimonial Proceedings Act 1973 which in its amended form gives effect to Brussels II Revised (Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility repealing Regulation (EC) No 1347/2000 (2003) OJ L 338/1). Similarly the jurisdictional basis for applications for financial relief pursuant to a foreign divorce is set out in s 15 of the Matrimonial and Family Proceedings Act 1984.

Subject to one possible limited exception (which we consider below) there is no equivalent jurisdictional provision governing applications under Sch 1 to the Children Act 1989. The statute is largely silent on who is or is not entitled to make applications. The...

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