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Jefferson v O’Connor: CA 28 Jan 2014

There were parallel divorce proceedings in England and Spain, and the question is which of these two sets of proceedings is to take precedence in the light of the provisions of the Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility … Continue reading Jefferson v O’Connor: CA 28 Jan 2014

P v Q: ECJ 19 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 23(a) – Grounds of non-recognition of judgments in matters of parental responsibility – … Continue reading P v Q: ECJ 19 Nov 2015

In re D (A Child): FD 8 Mar 2011

The court heard the father’s application for an order for the return of the child to this jurisdiction pursuant to Article 11 (8) of Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters of Parental Responsibility (hereafter ‘BIIR’). The child was currently in … Continue reading In re D (A Child): FD 8 Mar 2011

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Saponaro and Xylina: ECJ 19 Apr 2018

ECJ Judicial Cooperation In Civil Matters – Jurisdiction, Recognition and Enforcement of Decisions In Matrimonial Matters – Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Court of … Continue reading Saponaro and Xylina: ECJ 19 Apr 2018

Valcheva v Babanarakis: ECJ 12 Apr 2018

Concept of ‘Rights of Access’ – Applicability To Grandparents – Opinion – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Scope — Concept of ‘rights of access’ – Applicability to grandparents) Citations: C-335/17, [2018] EUECJ C-335/17 – O, ECLI:EU:C:2018:242, [2018] EUECJ C-335/17 Links: Bailii, Bailii Jurisdiction: … Continue reading Valcheva v Babanarakis: ECJ 12 Apr 2018

Purrucker v Valles Perez (No 1): ECJ 15 Jul 2010

ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Provisional, including protective, measures – Recognition and enforcementAn order made under article 20 is not enforceable in another member state Citations: [2010] EUECJ C-256/09, [2010] … Continue reading Purrucker v Valles Perez (No 1): ECJ 15 Jul 2010

J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under Article 15(2)(a) of the Regulation for an order requesting that the Hungarian court should assume jurisdiction with … Continue reading J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

Re B (A Minor : Habitual Residence): FD 24 Aug 2016

Hayden J said: ‘In assessing whether a child has lost a pre-existing habitual residence and gained a new one, the court must weigh up the degree of connection which the child had with the state in which he resided before the move.’ Hayden J [2016] EWHC 2174 (Fam), [2016] 4 WLR 156, [2016] WLR(D) 471 … Continue reading Re B (A Minor : Habitual Residence): FD 24 Aug 2016

Re C (Children): SC 14 Feb 2018

‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to: (1) the place which the habitual residence of the child occupies in the scheme of that Convention, and (2) whether and when a wrongful retention of a child may occur if the travelling parent originally … Continue reading Re C (Children): SC 14 Feb 2018

MD v AA and Another: FD 31 Jul 2014

M appealed against English orders recognising and registering a decision of the Bucharest Court of Appeal ordered that the custody of D who had lived with his mother in England since the age of eight weeks, should be transferred to his father in Romania. The order was registered for enforcement here. Held: Recognition of the … Continue reading MD v AA and Another: FD 31 Jul 2014

Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

art218ECJ1410 ECJ Grand Chamber – Opinion – Opinion pursuant to Article 218(11) TFEU – Convention on the civil aspects of international child abduction – Accession of third States – Regulation (EC) No 2201/2003 – Exclusive external competence of the European Union – Risk of undermining the uniform and consistent application of EU rules and the … Continue reading Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

L v M, Interveners R, K: ECJ 12 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction in matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 12(3) – Child whose parents are not married – Prorogation of jurisdiction – No other related proceedings pending – Acceptance … Continue reading L v M, Interveners R, K: ECJ 12 Nov 2014

W v X (Jurisdiction In Matters of Parental Responsibility): ECJ 15 Feb 2017

Habitual Residence depends on child’s interests ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 8 to 15 – Jurisdiction concerning maintenance obligations – Regulation (EC) No 4/2009 – Article 3(d) – Conflicting judgments given in the courts … Continue reading W v X (Jurisdiction In Matters of Parental Responsibility): ECJ 15 Feb 2017

Health Service Executive v SC AC: ECJ 26 Apr 2012

Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Child habitually resident in Ireland, where the child has been placed in care on many occasions – Child’s behaviour aggressive and placing herself at risk – Judgment ordering placement of the child in … Continue reading Health Service Executive v SC AC: ECJ 26 Apr 2012

Munro v Munro: FD 19 Dec 2007

The Husband denied that the court had jurisdiction to hear his wife’s petition for divorce. He said that both parties had acquired a domicile of choice there. Judges: Bennett J Citations: [2007] EWHC 3315 (Fam) Links: Bailii Statutes: Council Regulation (EC) 2201/2003 3 Jurisdiction: England and Wales Family, European Updated: 16 October 2022; Ref: scu.279035

MD v CT: FD 25 Mar 2014

Mother’s appeal against orders which registered, and permitted enforcement of, a judgment made the Tribunal de Grande Instance d’Evry. Those orders for registration and enforcement were made pursuant to Article 28(2) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the … Continue reading MD v CT: FD 25 Mar 2014

Re LSDC (A Child): FD 24 Apr 2012

Application for registration, recognition and enforcement of a Judgment of the Portuguese Court pursuant to Council Regulation (EC) 2201/2003 and consequential orders for stay of proceedings in the UK on the basis that the Portuguese Court has jurisdiction to determine issues in relation to the child. Judges: Macur DBE J Citations: [2012] EWHC 983 (Fam) … Continue reading Re LSDC (A Child): FD 24 Apr 2012

AB v CD: FD 25 Feb 2021

Judges: Mr David Lock QC Citations: [2021] EWHC 375 (Fam) Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003 Jurisdiction: England and Wales Children, European Updated: 11 September 2022; Ref: scu.659361

Mercredi v Chaffe: CA 17 Mar 2011

Judges: Thorpe, Elias LJJ Citations: [2011] EWCA Civ 272, [2011] 2 FLR 515, [2011] 2 FCR 177, [2011] Fam Law 584 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction 1980 Jurisdiction: England and Wales Citing: At ECJ – Mercredi v Richard Chaffe (Area of Freedom, Security And Justice) ECJ 22-Dec-2010 … Continue reading Mercredi v Chaffe: CA 17 Mar 2011

Weiner v Weiner: FD 15 Jul 2010

The parties, both Swedish nationals had been habitually resident in England for fifteen years. They had properties in both countries. They disputed the proper forum to resolve their divorce. Held: Referring to the Regulation, Holman J said: ‘The Article does not say that a court is seised when the document has been lodged and the … Continue reading Weiner v Weiner: FD 15 Jul 2010

A (Judgment): ECJ 6 Oct 2015

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – Articles 16 and 19(1) and (3) – Judicial separation proceedings in a first Member State and divorce proceedings in a … Continue reading A (Judgment): ECJ 6 Oct 2015

Deticek v Sgueglia: ECJ 23 Dec 2009

ECJ (Area Of Freedom, Security and Justice) Judicial cooperation in civil matters Matrimonial matters and matters of parental responsibility Regulation (EC) No 2201/2003 Provisional measures concerning custody Decision enforceable in a Member State Wrongful removal of the child Other Member State Other court Custody of the child granted to the other parent Jurisdiction Urgent preliminary … Continue reading Deticek v Sgueglia: ECJ 23 Dec 2009

A (Area of Freedom, Security And Justice): ECJ 29 Jan 2009

ECJ Area of Freedom, Security And Justice – Opinion – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Definition of civil matters Jurisdiction over decisions on parental responsibility – Habitual residence of a child Provisional … Continue reading A (Area of Freedom, Security And Justice): ECJ 29 Jan 2009

V v V: FD 20 May 2011

The court was asked as to its jurisdiction to hear a divorce petition under the Regulation Brussels II Revised. Judges: Peter Jackson J Citations: [2011] EWHC 1190 (Fam), [2011] 2 FLR 778 Links: Bailii Statutes: Council Regulation (EC) No 2201/2003 Jurisdiction: England and Wales Cited by: Cited – Rapisarda v Colladon (Irregular Divorces) FC 30-Sep-2014 … Continue reading V v V: FD 20 May 2011

Senatsverwaltung Fur Inneres Und Sport: ECJ 5 May 2022

Opinion – Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to family law – Jurisdiction, recognition and enforcement of decisions – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility matters – Authentic instruments and agreements – Dissolution of matrimonial ties following a declaration made before Italian civil … Continue reading Senatsverwaltung Fur Inneres Und Sport: ECJ 5 May 2022

MCB (Area Of Freedom, Security And Justice): ECJ 5 Oct 2010

ECJ Judicial cooperation in civil matters – Matrimonial matters and matters of parental responsibility – The Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Regulation (EC) No 2201/2003 – Children whose parents are not married – Father’s rights of custody – Interpretation of ‘rights of custody’ – General … Continue reading MCB (Area Of Freedom, Security And Justice): ECJ 5 Oct 2010

Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014

The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been asserted that the English court had jurisdiction to entertain the petition in … Continue reading Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014

Child and Family Agency v D (RPD Intervening): ECJ 27 Oct 2016

ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 15 – Transfer of a case to a court of another Member State – Scope – Conditions under which … Continue reading Child and Family Agency v D (RPD Intervening): ECJ 27 Oct 2016

K and Others v K: FD 5 Jul 2021

Reasons for allowing an appeal brought before the court under Chapter III (Recognition and Enforcement) of Council Regulation (EC) No.2201/2003 (‘BIIR’), specifically Article 33. For the avoidance of doubt, notwithstanding the departure of the UK from the EU on 31 December 2020, BIIR continues to apply under the transitional arrangements for cases, such as this … Continue reading K and Others v K: FD 5 Jul 2021

In re D (A Child): SC 22 Jun 2016

F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity to take part in the proceedings in Romania. F’s appeal to the … Continue reading In re D (A Child): SC 22 Jun 2016

Gogova v Ilia Dimitrov Iliev: ECJ 21 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Scope – Article 1(1)(b) – Attribution, exercise, delegation, restriction or termination of parental responsibility – Article 2 – Concept of … Continue reading Gogova v Ilia Dimitrov Iliev: ECJ 21 Oct 2015

Hadadi (Hadady) v Mesko, married name Hadadi (Hadady) (Area Of Freedom, Security And Justice): ECJ 12 Mar 2009

Europa Regulation (EC) No 2201/2003 Recognition of a judgment in divorce proceedings Application of the Regulation to a judgment given in a Member State which acceded to the EU in 2004 Jurisdiction in divorce proceedings Persons with dual nationality. C-168/08, [2009] EUECJ C-168/08 – O, [2009] EUECJ C-168/08 Bailii, Bailii European European Updated: 04 January … Continue reading Hadadi (Hadady) v Mesko, married name Hadadi (Hadady) (Area Of Freedom, Security And Justice): ECJ 12 Mar 2009

Bohez v Wiertz: ECJ 9 Sep 2015

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Articles 1(2) and 49 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Matters excluded – Family law – Regulation (EC) No 2201/2003 – Article 47(1) – Jurisdiction and the recognition … Continue reading Bohez v Wiertz: ECJ 9 Sep 2015

Bradbrooke v Aleksandrowicz: ECJ 9 Jan 2015

ECJ Preliminary reference – Urgent preliminary ruling procedure – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Child Abduction – Regulation (EC) No 2201/2003 – Article 11 Paragraphs 7 and 8 C-498/14, [2015] EUECJ C-498/14, ECLI:EU:C:2015:3, [2014] EUECJ C-498/14 – V Bailii, … Continue reading Bradbrooke v Aleksandrowicz: ECJ 9 Jan 2015

A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009

ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 Substantive scope – Definition of ‘civil matters’ – Decision relating to the taking into care and placement of children outside the family home – Child’s habitual … Continue reading A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009

Lopez-Guio v Slovakia: ECHR 3 Jun 2014

ECHR Article 8-1 Respect for family life Lack of participation of a parent in proceedings concerning the return of his child under the Hague Convention: violation Facts – The applicant, a Spanish national, had a child with a Slovak woman in Spain. A year later the mother took the child to Slovakia. The applicant lodged … Continue reading Lopez-Guio v Slovakia: ECHR 3 Jun 2014

De L v H: FD 3 Dec 2009

Sir Mark Potter, the President of the Family Division [2009] EWHC 3074 (Fam), [2010] 1 FLR 1229, [2010] Fam Law 328 Bailii Child Abduction and Custody Act 1985, Council Regulation (EC) No 2201/2003 (B2R) England and Wales Children Updated: 12 December 2021; Ref: scu.381753

DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

F sought the return of his son K to the US. K had been brought here by M after a court order in the US,but the father subsequently appealed sucessfully, obtaining an order for K’s return. M said that the UK court had originally and correctly found K to be habitually resident in the UK, … Continue reading DL v EL (Hague Abduction Convention: effect of reversal of return order on appeal): FD 17 Jan 2013

Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010

ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – Concept of ‘rights of custody’.A two month old baby born in England to unmarried parents and removed by her French mother to … Continue reading Mercredi v Richard Chaffe (Area of Freedom, Security And Justice): ECJ 22 Dec 2010

C v M: ECJ 9 Oct 2014

ECJ (Judgment) Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Concept of ‘habitual residence’ of a child following the divorce of its parents – Lawful … Continue reading C v M: ECJ 9 Oct 2014

Liaw v Lee (Recognition of Divorce): FD 3 Jun 2015

The applicant sought that the decrees nisi and absolute of divorce issued by the High Court of Malaya at Shah Alam in favour of the respondent husband be refused recognition in England and Wales. Held: The application was granted: ‘the husband and his solicitor engaged in sharp practice in obtaining the divorce in Malaysia. A … Continue reading Liaw v Lee (Recognition of Divorce): FD 3 Jun 2015

Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014

References: [2014] EWFC 35 Links: Bailii Coram: Sir James Munby P FD The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been … Continue reading Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014