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14 January 2010 / Rebecca Dziobon
Issue: 7400 / Categories: Features , Family
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Home sweet home

Rebecca Dziobon delves into retention of jurisdiction in cases extending overseas

In Re I (A Child) [2009] UKSC 10, [2009] All ER (D) 12 (Dec) the child in question was aged nine. He was born in this country and is a British citizen. His mother originates from India and has lived here for many years. His father originates from Pakistan and now lives here. Both are British citizens. They were married in 1999 in Pakistan but then lived here until they separated in 2002 and divorced in 2003. No orders were made about their child during the course of the divorce proceedings.

Case history

Care proceedings

The child had been the subject of concluded care proceedings from 2002 to 2003. At a fact-finding hearing, the father was found to have caused non-accidental injuries to the child. However, at a later welfare hearing, the mother was found to have been responsible. At the final hearing, District Judge Brasse ordered that the child should live with his father and have supervised contact with his mother in

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