Stuart Clark on International Family Law: Owusu in the Court of Appeal (An Update)

We reported last month that the question of how the ECJ decision in Owusu relates to family law especially divorce was due to be heard by the Court of Appeal. It has previously only been considered at High Court level. This note is intended by way of update.

 On 10 October 2013 the decision in AB v CB [2013] 2 FLR 29 on the relevance of Owusu was before Rimer Jackson and Lewison LLJ in the Court of Appeal for oral hearing. No date has yet been set for judgment and the appellant has sought to obtain a reference for a preliminary ruling from the CJEU. We set out below an element of the respective arguments and implications.

 The outcome is eagerly anticipated by the family law profession in England and Wales and internationally. It is understood that a number of other High Court cases have been put on hold pending the outcome of this appeal. It is being closely followed in other common law jurisdictions and...

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