Ms Theis QC decided that proceedings were only ‘governed’ by BIIR if they fell within article 19 of BIIR
Judges:
Ms Lucy Theis QC I
Citations:
[2010] EWHC 843 (Fam), [2011] 1 FLR 826, [2010] Fam Law 796, [2011] 2 FCR 33
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Cited – Mittal v Mittal CA 18-Oct-2013
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 . .
Lists of cited by and citing cases may be incomplete.
Family, Jurisdiction, European
Updated: 09 September 2022; Ref: scu.415945