Source: All England Reporter
Publisher Citation: [2013] All ER (D) 37 (Jan)
Neutral Citation: [2012] EWHC 3118 (Fam)
Court: Family Division
Judge:

Moor J

Representation Teertha Gupta QC and Kate Hughes for the authority.
  James Tillyard QC for the mother.
  Owen Thomas for the father.
  Charles Geekie QC for the children's guardian.
Judgment Dates: 3 October 2012

Catchwords

Family proceedings - Jurisdiction - Care proceedings - Applicant local authority notifying parents of intention to commence care proceedings on birth of child - Parents fleeing abroad - Child being born in Spain - Authority obtaining interim care order - Child being returned to UK by social services - Whether English court having jurisdiction to deal with care proceedings - Council Regulation (EC) 2201/2003.

The Case

Family proceedings Jurisdiction. The Family Division considered the issue of jurisdiction in care proceedings in circumstances where the parents had fled the United Kingdom prior to the child's birth. It held that the court had not established jurisdiction at the time the proceedings were issued but had subsequently acquired jurisdiction by reason of the child's physical presence in the UK.

Practice Areas

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