Jurisdiction and the balance of fairness. David Barry discusses the implications of Bush & Bush
In Bush & Bush [2008] EWCA Civ 865, [2008] All ER (D) 320 (Jul) the parents married in London in 1988. They subsequently lived abroad but all three of their children (aged between 14 years and nine years) were born in England and held British citizenship. The children were never resident in England.
In September 2006 the family went to live in Spain. By February 2007 the parties separated. The eldest child lived with the father and subsequently the middle child also lived with him. In July 2007 the mother filed a divorce petition in England based on the parties' domicile.
The mother filed a statement of arrangements. On 31 July 2007 the father filed an acknowledgment of service and also filed his own statement of arrangements. It was agreed the parties and the children were all habitually resident in Spain. Born 3 August 2007 the father filed an application in the Court of First Instance, Marbella (the Spanish court) regarding the children, including seeking an order that the
