S (A Child), Re

S (A Child), Re

Prorogation of Spanish jurisdiction under Article 12(3) BIIR ended with the final Spanish order of 20 October 2010; there is no residual jurisdiction in Spain, and as S is habitually resident in England, the English court now has jurisdiction under Article 8 BIIR. No Article 15 transfer is required or possible in the absence of live proceedings in Spain.

Parties
Applicant (mother): PB; Respondent (father): SE
Jurisdiction
England and Wales
Judgment Date
25 March 2013
Procedural Posture
Parental Responsibility / Child Residence (international) / Jurisdictional Determination Following Prior Orders in Spain and England
Outcome
English court assumes jurisdiction; Spanish jurisdiction ended with final order; proceedings to be listed for directions.
Legal Topics
Jurisdiction Under Brussels II Revised (biir), Prorogation of Jurisdiction, Habitual Residence of Child, Transfer of Proceedings Between Member States, Recognition and Enforcement of Foreign Judgments
Family Law Private International Law Jurisdiction Under Brussels II Revised (biir) Prorogation of Jurisdiction Habitual Residence of Child Transfer of Proceedings Between Member States Recognition and Enforcement of Foreign Judgments

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Parties

PB

Applicant (mother)

SE

Respondent (father)

Procedural Posture

Parental Responsibility / Child Residence (international) / Jurisdictional Determination Following Prior Orders in Spain and England

Legal Issues

  1. 1 Does the Spanish court retain jurisdiction over the child S following the final order of 20 October 2010?
  2. 2 Should the English court request a transfer of jurisdiction from Spain under Article 15 of BIIR?
  3. 3 Can the English court now assume jurisdiction under Article 8 of BIIR?

Ratio Decidendi

Prorogation of Spanish jurisdiction under Article 12(3) BIIR ended with the final Spanish order of 20 October 2010; there is no residual jurisdiction in Spain, and as S is habitually resident in England, the English court now has jurisdiction under Article 8 BIIR. No Article 15 transfer is required or possible in the absence of live proceedings in Spain.

Court Disposition

English court assumes jurisdiction; Spanish jurisdiction ended with final order; proceedings to be listed for directions.

Orders

  • Proceedings listed for directions as a matter of urgency to address substantive welfare issues for S.