The husband claimed that he had begun court proceedings elsewhere in France and before the wife issued her petition here. She contended that she should be allowed to proceed since the husband’s proceedings had not reached a stage at which the court was seised of the matter within the regulation.
Held: When the court need to ask whether the proceedings amounted to the issue of divorce proceedings within the regulations, the proper court to decide the nature of the proceedings was the court at issue, which could then apply the regulations and accept or decline jurisdiction.
Thorpe, Tuckey, Dyson LJJ
Times 18-Jan-2005, [2005] EWCA Civ 68, [2005] 2 FLR 38, [2005] 1 WLR 1469
Bailii
Council Regulation (EC) No 1347/2000 on jurisdiction and enforcement in matrimonial matters and parental responsibility
England and Wales
Updated: 25 September 2021; Ref: scu.222859 br>