IB v SB

IB v SB

The English court no longer has jurisdiction under Brussels II bis as the child is habitually resident in Germany, the three-month period for continuing jurisdiction has expired, and it is not in the best interests of the child for the English court to retain jurisdiction. All future issues of parental responsibility and contact should be determined by the German court.

Parties
Applicant/father: IB; Respondent/mother: SB
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Family / Final Hearing on Jurisdiction and Discharge of Contact Orders
Outcome
All proceedings in England and Wales concerning the child are dismissed; all previous contact orders are discharged.
Legal Topics
Jurisdiction, Parental Responsibility, Child Contact, Habitual Residence, Brussels II Bis Regulation
Family Law Private International Law Jurisdiction Parental Responsibility Child Contact Habitual Residence Brussels II Bis Regulation

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Parties

IB

Applicant/father

SB

Respondent/mother

Procedural Posture

Family / Final Hearing on Jurisdiction and Discharge of Contact Orders

Legal Issues

  1. 1 Whether the courts of England and Wales should retain jurisdiction over parental responsibility and contact for a child now habitually resident in Germany
  2. 2 Whether any previous contact orders should be confirmed or discharged

Ratio Decidendi

The English court no longer has jurisdiction under Brussels II bis as the child is habitually resident in Germany, the three-month period for continuing jurisdiction has expired, and it is not in the best interests of the child for the English court to retain jurisdiction. All future issues of parental responsibility and contact should be determined by the German court.

Court Disposition

All proceedings in England and Wales concerning the child are dismissed; all previous contact orders are discharged.

Orders

  • All continuing proceedings in England and Wales in relation to the child AB are hereby dismissed.
  • Any previous orders as to contact are discharged.