What is international jurisdiction in family cases? — Guide for England and Wales

Introduction: why international jurisdiction matters

International jurisdiction determines which country’s courts can hear family disputes where parties or children have cross border links. The choice of jurisdiction affects where to start proceedings, how orders are enforced abroad and which law applies to divorce, finance and child matters.

Key tests for jurisdiction in family law

Courts in England and Wales look for a clear connecting factor before accepting jurisdiction. The main tests include habitual residence, domicile and nationality. Habitual residence assesses where a person or child lives regularly and intends to remain. Domicile considers the place a person treats as their permanent home. Nationality provides a secondary link if residence and domicile are unclear.

Jurisdiction in divorce and financial remedy cases

For divorce and financial remedy hearings the courts accept jurisdiction if either spouse is habitually resident or domiciled in England and Wales. The rules aim to prevent forum shopping and ensure a reasonable connection between the parties and the forum. Where both spouses have stronger ties elsewhere the English court may decline jurisdiction in favour of another state.

Child cases: focus on the child’s habitual residence

In child proceedings the child’s habitual residence is the primary test. If the child normally lives in England and Wales local courts normally hear disputes about where the child should live contact arrangements schooling or medical treatment. The welfare of the child remains the paramount consideration under the Children Act 1989.

Effect of international conventions and post Brexit changes

International conventions guide cross border family law. The 1980 Hague Convention on the Civil Aspects of International Child Abduction helps return wrongfully removed children. The UK no longer uses EU Brussels IIa rules for new cases, so courts rely on domestic law and relevant international treaties to resolve jurisdiction and enforcement questions.

Recognition and enforcement of foreign orders

England and Wales can recognise and enforce certain foreign family orders, subject to checks on fairness and public policy. Courts verify that foreign orders respected due process and did not conflict with fundamental principles such as child protection. Enforcement routes vary by treaty and the nature of the order.

Concurrent jurisdictions and forum conveniens

Sometimes more than one country could hear a case. In those situations the English court applies the doctrine of forum conveniens to decide which forum is most appropriate. The court weighs connections like residence, nationality, location of assets and the child’s ties to choose the forum that best serves justice and the welfare of children.

Practical steps when international elements arise

Parties should gather evidence of residence, nationality, ties to schools and medical records. Early specialist legal advice is essential to choose the correct jurisdiction and prevent wasted proceedings. In child abduction risks, acting swiftly to use Hague Convention remedies increases the chance of a favourable outcome.

Role of specialist judges and agencies

The International Family Justice Office and specialist Family Division judges handle complex cross border cases and liaise with foreign courts. CAFCASS and local authorities provide welfare assessments in child cases to assist courts in making informed jurisdictional decisions.

Conclusion: jurisdiction shapes outcomes in cross border disputes

International jurisdiction determines where disputes are heard and how orders travel across borders. Habitual residence, domicile and nationality remain core tests and international conventions guide enforcement. Early expert advice and clear evidence of connections increase the chances of choosing the right forum.

Summary

– Habitual residence, domicile and nationality guide jurisdiction decisions

– Child cases focus primarily on the child’s habitual residence

– Post Brexit the UK relies on domestic rules and international treaties rather than EU rules for new cases

– Use the Hague Convention for child abduction and urgent return remedies

– Obtain early specialist advice and gather clear evidence of connections

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.