ABSTRACT
The court in England and Wales has jurisdiction to make a s 8 order in respect of a child habitually resident,120 provided that there are no divorce proceedings continuing in Scotland or Northern Ireland, unless that court has made an order disclaiming jurisdiction in respect of the child.121 These provisions indicate that the ‘divorce basis’ should have precedence over the ‘habitual residence’ basis; this is consistent with the principle that disputes concerning divorce should have priority but, also, with the equally important consideration that any allocation of jurisdiction should be concerned to prevent the proliferation of litigation about related matters.
