C AND C, Re

(a) A and R were married on 27 February 1988. The children were born in 1993 and 1996 respectively. In April 1994, when the parties were living in Scotland, A moved to the USA with the children. She obtained ex parte residence, prohibited steps, non-molestation and ouster orders in Scotland on 21 April 1997. Thereafter she returned to her family home in Milton Keynes and issued divorce proceedings in April 1997. A decree nisi was obtained in Milton Keynes in November 1998.

(c) On 7 December 2004 A issued an application before a Family Proceedings Court in Northern Ireland to vary the terms of the order made at Milton Keynes County Court on 22 September 2004 and also sought a prohibited steps order preventing R from recording telephone conversations with the children. Subsequentially on 18 March 2005, A issued an application for a "defined contact order in favour of R" before the High Court in Northern Ireland.

(d) The children have therefore been living in Northern Ireland with A in excess of a year, being at school here. R continues to reside in England.

I pause to observe that I consider it beyond plausible dispute that the children are now habitually resident in Northern Ireland. During the course of the hearing I was informed that R issued an application before Milton Keynes County Court on 7 April 2005 through his English solicitors seeking a residence order. I understand that matter is to be determined on 11 May 2005.

(i) The Family Law Act 1986 as amended by statutory instrument 2005 No. 265 the European Communities (Jurisdiction and Judgment in Matrimonial and Parental Responsibility Matters) Regulation 2005 ("1986 Act" and the "2005 Regulations" respectively).