Source: All England Reporter
Publisher Citation: [2012] All ER (D) 132 (Aug)
Neutral Citation: [2012] EWCA Civ 1157
Court: Court of Appeal, Civil Division

Lord Justice Thorpe, Lord Justice Munby and Sir Stephen Sedley

Representation Richard Harrison QC and Edward Devereux for the father.
  Marcus Scott-Manderson QC and Cliona Papazian for the mother.
Judgment Dates: 21 August 2012


Conflict of laws - Jurisdiction - Challenge to jurisdiction - Family proceedings - Child having British mother and Portuguese father - Portuguese court approving agreement as to care of child - Child to spend alternate two-month periods with each parent - Mother applying to English court for prohibited steps order and residence order - First instance judge finding that English jurisdiction to be preferred over Portuguese - Father appealing - Whether court erring in finding English jurisdiction to be preferred - Whether child resident in United Kingdom - Council Regulation (EC) 2201/2003, arts 13, 23 (1), (2)(d).

The Case

Conflict of laws Jurisdiction. The Court of Appeal, Civil Division, held that the father's appeal against a finding that the English court had no jurisdiction to consider a matter concerning the custody of a child would be allowed, where a Portuguese court had previously approved an agreement concerning the access of the parents to the child.

Practice Areas

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