Zoe Fleetwood

A SIGNIFICANT family court ruling has warned parents involved in international disputes that responsibility for making decisions about their child can shift between countries during ongoing legal proceedings.

The decision in F v M & Anor (Jurisdiction) [2026] EWFC 219 (B) concerned a young child who was born in England and initially lived in England and Wales. However, during the proceedings, she began spending the majority of her time in Lithuania with her mother.

Following a detailed assessment of the child’s circumstances, the Central Family Court concluded that she had become habitually resident in Lithuania. As a result, the English courts no longer had jurisdiction to decide the child arrangements case.

Commenting on what this means for similar cases, Zoe Fleetwood, a family law partner at leading law firm Mills & Reeve, who represented the child’s mother, said: “This case shows that parents should not assume that because proceedings have started in England, the English courts will necessarily retain jurisdiction until the case concludes.

“Where a child spends significant time living in another country, their circumstances and connections can develop. The court may then find that their habitual residence has changed, which can have significant consequences for where a case is heard and which country’s courts make decisions about a child’s future.”

The case is particularly significant for families with connections to more than one country, as the rules governing international children cases have changed since Brexit. Recent research by Mills & Reeve found that nearly half (47%) of UK adults have considered moving overseas long-term or permanently, while 21% are likely to do so within the next five years. 

However, just 6% would seek legal advice on child custody arrangements and only 4% would seek guidance on how divorce and separation laws differ between countries, compared with 51% seeking advice on visas and residency.

For families moving abroad, the legal implications can extend beyond visas and property. Under the 1996 Hague Convention, a court can lose jurisdiction during proceedings if a child’s habitual residence changes to another country. This differs from the pre-Brexit position, under which jurisdiction would generally remain with the court where proceedings had started.

In this case, the court found that the child had become habitually resident in Lithuania, having spent more than 80% of her time there with her mother. She was also well integrated into life in Lithuania through family, activities, medical care and the language. By comparison, her connections to England were more limited and centred mainly on contact with her father.

As a result, the child arrangements case could no longer continue in England and Wales. The court also found that she had not been wrongfully moved or retained in Lithuania.

Explaining more, Annie Wogel, senior associate, who assisted on the case, added: “This case highlights an important change in the way international children cases are dealt with following Brexit. Jurisdiction is not necessarily fixed when proceedings begin and parents need to be aware that a child’s circumstances can change during the course of a case.

“For families involved in cross-border disputes, it is important to keep jurisdiction under review throughout proceedings. A child’s living arrangements, relationships and connections to different countries can evolve, particularly where they are very young, and those changes may ultimately affect which court has jurisdiction.”

Read more articles by Mills & Reeve.

About Mills & Reeve

Mills & Reeve LLP is a leading UK law firm headquartered in London, with additional offices in Birmingham, Cambridge, Leeds, Manchester, Norwich, and Oxford. Its 1,450 plus people and over 850 lawyers share one vision: achieve more together. It’s a state of mind in every client relationship that starts with every choice it makes. And it’s what clients consistently say distinguishes it from your average law firm. 

Ranked as the UK’s 39th largest law firm by 2023/24 revenues, Mills & Reeve is recognised for both legal excellence and a strong workplace culture, regularly featuring in The Sunday Times Best Places to Work and holding a Platinum Investors in People accreditation. It’s driven by its values – ambition, openness, care and collaboration. It embraces new ideas, communicates honestly and is easy to work with. It’s a law firm that’s committed to you. 

To find out more, visit www.mills-reeve.com/

About Zoe Fleetwood

A highly experienced children lawyer, Zoe heads the firm’s children law team. Well-known for handling complex cases, Zoe’s experience includes child abduction, wardship, care proceedings, surrogacy, adoption and forced marriage, as well as disputes involving allegations of abuse. Zoe’s cases often have an international dimension.

Committed to children’s rights and ensuring the best outcome, Zoe has considerable experience of representing children directly.

About Annie Wogel

Annie advises clients on a broad range of family law matters, from divorce and associated financial issues, to children matters, cohabitation disputes between unmarried couples, and pre-nuptial agreements. She acts for high net worth individuals and is experienced in dealing with cases involving complex business structures and international assets.