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
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
The court was asked as to the extent to which the wishes and feelings of children are relevant when considering whether the criteria for transferring jurisdiction pursuant to Art 15(1) of Council Regulation (EC) No 2201/2003 (BIIa) are met. Judges: MacDonald J Citations: [2015] EWHC 3064 (Fam) Links: Bailii Jurisdiction: England and Wales Children, International … Continue reading Medway Council v JB and Others: FD 26 Oct 2015
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
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
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
Application by the mother seeking from it an exercise by the court of its discretion effectively to transfer the case to the courts in the Czech Republic. [2013] NIFam 4 Bailii Brussels II Regulation Council Regulation (EC) No 2201/2003 15 Northern Ireland Children, International Updated: 17 November 2021; Ref: scu.513882
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
Judges: Thorpe, Munby LJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 1157 Links: Bailii Statutes: Council Regulation (EC) No 2201/2003 Jurisdiction: England and Wales Children, International Updated: 04 November 2022; Ref: scu.463712
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
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
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction … Continue reading Mittal v Mittal: CA 18 Oct 2013
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
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
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
Divorce petitions in two jurisdictions Citations: [2018] EWCA Civ 624 Links: Bailii Statutes: Council Regulation (EC) No 2201/2003 16 Jurisdiction: England and Wales Family Updated: 25 April 2022; Ref: scu.619398
F had the benefit of an Order made in Estonia that he should be allowed contact with his two daughters now living in the UK. The court had found the order to be enforceable here, but could not arrange as required that contact be supervised. Judges: Black, Treacy, Simon LJJ Citations: [2017] EWCA Civ 891 … Continue reading Re M (Children): CA 29 Jun 2017
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
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
F sought the summary return of B to France. MacDonald J [2015] EWHC 2047 (Fam) Bailii Hague Convention on the Civil Aspects of International Child Abduction 1980, Council Regulation (EC) No 2201/2003 Children, International Updated: 02 January 2022; Ref: scu.550350
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
This appeal concerns the fifth indent of Article 3(1)(a) of the Regulation, which provides that ‘[i]n matters relating to divorce . . jurisdiction shall lie with the courts of the Member State (a) in whose territory . . the applicant is habitually resident if he or she has resided there for at least a year … Continue reading Tan v Choy: CA 19 Mar 2014
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. Contact was re-established, but the child was now habitually resident in Pakistan. … Continue reading In Re I (A Child): SC 1 Dec 2009
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
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
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
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
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
Judges: Parker J Citations: [2010] EWHC 2040 (Fam) Links: Bailii Statutes: Council Regulation (EC) Number 2201/2003, a, Family Law Act 1986 Jurisdiction: England and Wales Children, European, Jurisdiction Updated: 25 August 2022; Ref: scu.425335
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
his appeal concerns the extent of the obligation upon the court in England and Wales to enforce a foreign order in relation to children. It directly concerns one provision of the Brussels II revised Regulation (Council Regulation (EC) No. 2201/2003) (‘BIIa’) but the underlying principles are of broad application in cases where the court is … Continue reading E (BIIa: Recognition and Enforcement): CA 4 Aug 2020
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
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
The court was asked whether the provisions of article 15 of Council Regulation(EC) Bo 2201/2003, commonly known as Brussels II Revised and hereafter ‘BIIR’, may be used to facilitate a transfer of proceedings between jurisdictions within the United Kingdom. [2013] EWHC 2336 (Fam), [2013] Fam Law 1531 Bailii England and Wales Children Updated: 19 November … Continue reading London Borough of Camden v Caratt and Others: FD 31 Jul 2013