Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

CONTACT/ JURISDICTION: Re M

Sep 29, 2018, 17:29 PM
Slug : contact-jurisdiction-re-m
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 23, 2010, 11:15 AM
Article ID : 91225

(Family Division;  Mrs Justice Parker ; 2 July 2010)

The father issued an application for contact with the child. The mother opposed the application and further stated that the child was habitually resident in Portugal, residing with the maternal grandparents. Both parents continued to reside in England. The father did not have parental responsibility and had not been consulted about the relocation.

The Court found pursuant to Council Regulation (EC) No 2201/2003 (Brussels II), that the child was habitually resident in Portugal and dismissed the father's application on grounds of jurisdiction.

The Court further stated that the law as stated in Re S (Parental responsibility) [1998] 2 FLR 921 that an application for Parental Responsibility could still be made to the domestic Courts, despite it not having jurisdiction as regards to s.8 Children Act 1989 Orders was no longer good law as Article 1 of ‘Brussels II' included the ‘attribution' of parental responsibility. Accordingly the Court did not retain any residual decision making powers in relation to the child.

__________________________________________________________________

Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from