Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
Unequal chances? Ethnic disproportionality in child welfare and family justice
Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society.In the family justice...
Changes to the law on Domestic Abuse
Official statistics (ONS (2016), March 2015 Crime Survey for England and Wales (CSEW)) show that around 2 million people suffer from some form of domestic abuse each year in the UK. In...
Managing costs in complex children cases
In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her...
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