Posted by Howard S. Schiffman on May 16, 2002 at 20:50:27:
In Reply to: Courts jurisdiction posted by Stuart Bedford on May 14, 2002 at 13:25:36:
Your question relates generally to an area of law called "conflict of laws". This is where a jurisdiction must decide whether its own law applies or that of another jurisdiction. Without knowing any specifics of the scenario to which you refer and without being an expert on either French or British law, I can only respond in the most general way. Under no circumstances consider my observations here to be definitive or constituting legal advice in any way.
First, it is fair to say that in the matter of child welfare, the jurisdiction where the children are domiciled has the greatest interest in determining conditions of their custody. Of course, if the children are in France with their mother very briefly (say for a short vacation) one can understand the interest of the British government in retaining jurisdiction of their custodial conditions, especially if they are British nationals.
On the other hand, if the children are now living with their mother in France on a more or less permanent basis, the French courts are most likely in the better position to determine their best interest. Without researching the specific conflict of laws rules applicable in both countries and applying the specific set of facts, it is impossible to discuss ways to challenge any such order. If the lawyers are unwilling or unable to challenge the "temporary residence order" you should ask them to explain their reasoning. If you are unsatisfied, I recommend you find attorneys who can at least explain the body of laws being applied to these children.
Here is a link to a website that will allow you to read up on conflict of laws generally:
http://www.ll.georgetown.edu/lr/rs/conflctlaw.html
All the best,
Howard S. Schiffman, Esq.
Co-Founder and Administrator
www.InternationalLawHelp.com
: My question relates specifically to the jurisdiction of one countries courts over another. My partner has two children age 7 and 5 the children are subject to a "temporary residence order" with the mother in France, the court making the order is the British court, they wish to retain jurisdiction of the two children indefinitely, even though in the eyes of the French Government they are now French "residents" The British court accepts that a permanent residency order be made in favour of the mother, but refuse to abdicate jurisdiction. Our lawyers seem unable/unwilling to challenge this decision, where would be the best place to search for legal precedent?