G (A child), Re

G (A child), Re

The order of 18 September 2012 was a final order concerning parental responsibility under Brussels II Revised, and the English court was no longer seised of the matter. The Italian court might have jurisdiction and is properly seised. Accordingly, the English proceedings are stayed pending the Italian court's determination of jurisdiction.

Parties
Applicant: C I; Respondent: V G
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Children Act Proceedings / Ruling on Jurisdiction and Stay Pending Foreign Court Determination
Outcome
Proceedings stayed pending Italian court determination; anti-suit injunction discharged; permission to appeal refused.
Legal Topics
Parental Responsibility, Jurisdiction, Child Custody, Brussels II Revised Regulation, Lis Pendens
Family Law International Law Parental Responsibility Jurisdiction Child Custody Brussels II Revised Regulation Lis Pendens

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Parties

C I

Applicant

V G

Respondent

Procedural Posture

Children Act Proceedings / Ruling on Jurisdiction and Stay Pending Foreign Court Determination

Legal Issues

  1. 1 Whether the English court order of 18 September 2012 was a final or provisional order for purposes of Brussels II Revised Regulation
  2. 2 Which court is first seised and has jurisdiction over matters of parental responsibility
  3. 3 Whether proceedings should be stayed pending determination by the Italian court

Ratio Decidendi

The order of 18 September 2012 was a final order concerning parental responsibility under Brussels II Revised, and the English court was no longer seised of the matter. The Italian court might have jurisdiction and is properly seised. Accordingly, the English proceedings are stayed pending the Italian court's determination of jurisdiction.

Court Disposition

Proceedings stayed pending Italian court determination; anti-suit injunction discharged; permission to appeal refused.

Orders

  • Mother permitted to remove child G from England and Wales to Finland until 18 December 2013.
  • Mother to take G to Italy by 18 December 2013 unless Italian court permits otherwise.