ED (A Child)

ED (A Child)

The English court retains jurisdiction under Article 12(3) of Brussels II Revised because the mother gave an undertaking to return the child, which constituted an unequivocal acceptance of jurisdiction, and the child had a substantial connection with England.

Parties
Applicant: A; Respondent: D
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Family / Jurisdictional Determination on Parental Responsibility and Child Arrangements Order
Outcome
Jurisdiction retained by English court; declaration made that the court has jurisdiction to make orders for parental responsibility and child arrangements.
Legal Topics
Parental Responsibility, Child Abduction, Jurisdiction, Habitual Residence, Brussels II Revised, Children Act 1989
Family Law Private International Law Parental Responsibility Child Abduction Jurisdiction Habitual Residence Brussels II Revised Children Act 1989

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Parties

A

Applicant

D

Respondent

Procedural Posture

Family / Jurisdictional Determination on Parental Responsibility and Child Arrangements Order

Legal Issues

  1. 1 Whether the English court retains jurisdiction to make orders concerning parental responsibility for a child removed to Poland
  2. 2 Whether the proceedings in England were ongoing at the time of removal
  3. 3 Whether the child remained habitually resident in England at the relevant time

Ratio Decidendi

The English court retains jurisdiction under Article 12(3) of Brussels II Revised because the mother gave an undertaking to return the child, which constituted an unequivocal acceptance of jurisdiction, and the child had a substantial connection with England.

Court Disposition

Jurisdiction retained by English court; declaration made that the court has jurisdiction to make orders for parental responsibility and child arrangements.

Orders

  • Declaration that the court has jurisdiction to make an order for parental responsibility and a child arrangements order.
  • Adjournment for further consideration of transfer under Article 15 of Brussels II Revised.