EA v AP

EA v AP

The jurisdiction of the Italian court over child maintenance is not yet established; therefore, under Article 12 of the Maintenance Regulation, the English court must stay its Schedule 1 proceedings until the Italian court's jurisdiction is finally determined.

Parties
Applicant: EA; Respondent: AP
Jurisdiction
England and Wales
Judgment Date
24 June 2013
Procedural Posture
Family / Application for Stay of Schedule 1 Proceedings
Outcome
Stay granted; English Schedule 1 proceedings suspended pending Italian jurisdiction determination.
Legal Topics
Jurisdiction, Child Maintenance, Schedule 1 Children Act, Brussels II Bis, Maintenance Regulation
Family Law International Private Law Jurisdiction Child Maintenance Schedule 1 Children Act Brussels II Bis Maintenance Regulation

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Parties

EA

Applicant

AP

Respondent

Procedural Posture

Family / Application for Stay of Schedule 1 Proceedings

Legal Issues

  1. 1 Whether English courts must stay Schedule 1 proceedings due to Italian proceedings under EU Maintenance Regulation
  2. 2 Whether Italian court is seised of child maintenance jurisdiction
  3. 3 Interpretation of Article 12 Maintenance Regulation and related EU provisions

Ratio Decidendi

The jurisdiction of the Italian court over child maintenance is not yet established; therefore, under Article 12 of the Maintenance Regulation, the English court must stay its Schedule 1 proceedings until the Italian court's jurisdiction is finally determined.

Court Disposition

Stay granted; English Schedule 1 proceedings suspended pending Italian jurisdiction determination.

Orders

  • Stay of Schedule 1 proceedings ordered.