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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

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

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

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

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

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

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

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

London Borough of Camden v Caratt and Others: FD 31 Jul 2013

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