Kolah v Kolah [2015] EWHC (Fam) (15 December 2015)

Posted on Friday, January 29th, 2016

Claire RobsonThis was a Judgment given by Mr Justice Holman in relation to jurisdictional issues in Child Arrangement proceedings brought by the father.

The background to the proceedings was that the mother and the children were British and the father of the children was Indian.  Due to the father’s employment, the family had lived in various parts of the world.  Until recently the mother and the children had been living in Singapore for a number of years.  In around June of 2015 the mother and the children moved to England.         

The main issue in the current proceedings (there had already been extensive proceedings in Singapore) was whether the mother could return to Singapore with the children or whether the children should remain in England, as the father wished.  The father had obtained employment in England and planned to remain.  It was questioned whether the Courts of England and Wales had jurisdiction in relation to the children.

In his Judgment, Mr Justice Holman referred to Sections 2 and 3 of the Family Law Act 1986.  As the children had resided in England for 6 months, had been registered in school and were not habitually resident in any other Member State of the European Union, Mr Justice Holman concluded that the Courts of England and Wales did have jurisdiction over the children.  Mr Justice Holman therefore transferred the matter back to the Family Court, sitting in West London, for a hearing on the 1st available date to further consider the father’s Application for a Child Arrangements Order.

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