AA and BB [2021] EWFC 17 Decision of Mr Nicholas Cusworth QC sitting as a Deputy High Court Judge on 17 February 2021 considering Article 13 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (“The 1996 Convention”) ___ Before the Court was an application by the mother for a stay of the father's proceedings under Article 13 of the 1996 Convention on the basis of ongoing applications in Russia relating to the children's welfare.
The mother was born and raised in Russia. The father was born in Russia but moved to an EU member state as a child and was a national of that state. The parties had property in London and in Russia, where the mother's principal business interests lay. The parties had two children, both at school in London. At the time of the hearing there was litigation between the parties both in relation to the children and finances, albeit it was the issue of jurisdiction over the children that came before this Court.