A v B (jurisdiction : Brussels II)

A v B (jurisdiction : Brussels II)

The court cannot consider residual jurisdiction under s.2(1)(b) of the Family Law Act 1986 because Brussels II Revised applies to the case.

Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
16 August 2016
Procedural Posture
Family Law / Jurisdictional Ruling
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Jurisdiction Under Brussels II Revised, Residual Jurisdiction Under Family Law Act 1986, Section 8 Order
Family Law International Jurisdiction Jurisdiction Under Brussels II Revised Residual Jurisdiction Under Family Law Act 1986 Section 8 Order

Case Brief

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Parties

A

Applicant

B

Respondent

Procedural Posture

Family Law / Jurisdictional Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the s.8 application in respect of the child
  2. 2 Applicability of Brussels II Revised and residual jurisdiction under Family Law Act 1986

Ratio Decidendi

The court cannot consider residual jurisdiction under s.2(1)(b) of the Family Law Act 1986 because Brussels II Revised applies to the case.

Court Disposition

Application dismissed for lack of jurisdiction