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Natalia Perrett and David Orbaum represent parents in complex jurisdictional argument

Natalia Perrett of Park Square Barristers led by Marcus Scott-Manderson QC representing the mother, and David Orbaum also of Park Square Barristers representing the father, argue successfully that England has jurisdiction in a matter involving Polish nationals.  The matter has been reported as Derby City Council v SK and Others [2015] EWFC 57.

The mother, supported by the father successfully argued that:-

There were no ongoing proceedings in Poland relating to parental responsibility such that Poland should maintain jurisdiction as the court first seized pursuant to Article 19 BIIa

The children had not been unlawfully removed or retained in England (and that even if they had, the bodies with choate or inchoate rights of custody in Poland namely, the Polish Court and/or court appointed Guardian had acquiesced in the removal/retention)

The children had acquired habitual residence in England at the relevant date

The court should decline to make an Article 15 BIIa transfer request to Poland

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Natalia Perrett was called in 2004 and specialises in private and public children law and is described by The Legal 500 (2011) as ‘outstanding with an ability to be insightful and persuasive in the courtroom’ and The Legal 500 (2014) as ‘extremely able at working with vulnerable clients’.  Natalia has particular expertise in matters of jurisdiction having successfully argued lack of jurisdiction in the High Court concerning a child born in Ireland and successfully argued for a transfer of proceedings under Article 15 BIIa to Hungary.

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David Orbaum has practised as a barrister and solicitor for over 30 years, with a busy mixed common law practice including criminal, family and civil work.  In recent years, he has specialised mostly in family law and has a comprehensive knowledge of the subject.  David has undertaken a number of cases involving difficult issues of international jurisdiction relating to children, divorce and nullity.

If you wish to instruct Natalia or David or contact either of them, please contact their clerks (Claudine or Carrie).