RAB v. MIB

"In my judgment, although made without jurisdiction, the order was not a nullity. The normal rule about orders which, on their face, are regular, but which are in fact made without jurisdiction is that they remain in force until such time as they are discharged ... ".

"On the facts of this case, section 41 of the Family Law Act 1986 ceased to have effect in September 2001: thereafter the English court had jurisdiction over R. Mr. B made an application to the English court for relief, and the English court has remained seized of the case ever since. There is, accordingly, in my mind no doubt whatsoever but that the English court has jurisdiction to make orders under the Children Act in relation to R."

"The sist imposed by Sheriff Harris and upheld by the sheriff principal is a manifest demonstration of the Scottish Court declining jurisdiction, a decision with which I respectfully agree. There is, accordingly, in my judgment, an effective agreement between the two jurisdictions that the proper forum for proceedings relating to R is England and Wales."

"For all these reasons I would dismiss this appeal. I am in full agreement with the judgment of Sumner J., and in particular with his view that the sooner the matter of R's future is finally resolved the better. Mr. B has withdrawn his claim for residence. He has made his contact application immeasurably more difficult by his refusal to contemplate seeing R anywhere other than in Scotland, but the English court remains open to him for his contact application to be adjudicated on its merits."