Appropriate Forum
27.Given my judgment on the question of jurisdiction, I do not need to determine whether it would be more appropriate for the application to be determined outside the jurisdiction of England and Wales. A is habitually resident in Country C and the father’s application is for her to live with him in Country B, therefore the practical difficulties in obtaining evidence for an English court in relation to her wishes and feelings, and other matters relevant to her welfare, are obvious. On the other hand, evidence of the existence and operation of systems and laws of child protection in Country C would be relevant to the question of forum. So too might evidence of the involvement of the authorities in Country C. Had I determined that the court did have jurisdiction, I would have given directions for evidence to be filed and served to assist the court to determine the appropriate forum. The mother wished me to decide that issue now in order to save costs, but I could not have done so justly.28.For the reasons given I find that the Family Court does not have jurisdiction to hear the father’s application.