Re M (BIIa Article 19: Court First Seised)

Re M (BIIa Article 19: Court First Seised)

The Polish court was first seised of jurisdiction from 2 June 2016 and remained seised; the English court must decline jurisdiction under Article 19(3) of Brussels IIa. The mother had a good reason for non-attendance and a reasonable prospect of success; the summary return order was unjustified without sufficient welfare analysis.

Parties
Father: GM; Mother: KZ
Jurisdiction
England and Wales
Judgment Date
12 July 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; English proceedings dismissed.
Legal Topics
Jurisdiction, Parental Responsibility, Child Custody, Lis Pendens, Habitual Residence, Summary Return, Evidence Regulation
Family Law International Private Law Jurisdiction Parental Responsibility Child Custody Lis Pendens Habitual Residence Summary Return +1 more

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Parties

GM

Father

KZ

Mother

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the English Family Court had jurisdiction over the children under Brussels IIa
  2. 2 Whether the Polish court was first seised under Article 19
  3. 3 Whether the summary return order was justified

Ratio Decidendi

The Polish court was first seised of jurisdiction from 2 June 2016 and remained seised; the English court must decline jurisdiction under Article 19(3) of Brussels IIa. The mother had a good reason for non-attendance and a reasonable prospect of success; the summary return order was unjustified without sufficient welfare analysis.

Court Disposition

Appeal allowed; English proceedings dismissed.

Orders

  • Order of 30 January 2018 set aside.
  • English court must decline jurisdiction in favour of Polish court.