In the matter of D (A Child)

In the matter of D (A Child)

The Supreme Court has no jurisdiction to entertain the appeal because the United Kingdom's notification under Article 68 of BIIR limits further appeals to the Court of Appeal, and BIIR, as directly applicable EU law, prevails over section 40 of the Constitutional Reform Act 2005.

Parties
Subject: D (A Child); Appellant: Father; 1st Respondent: AA (Mother); 2nd Respondent: DD (Child); 1st Intervener: Reunite International Child Abduction Centre; 2nd Intervener: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
22 June 2016
Procedural Posture
Appeal / Jurisdictional Challenge Before the Supreme Court
Outcome
Appeal struck out for want of jurisdiction
Legal Topics
Jurisdiction, Recognition and Enforcement of Foreign Judgments, Child Custody, Appeals Process
Family Law European Union Law Civil Procedure Jurisdiction Recognition and Enforcement of Foreign Judgments Child Custody Appeals Process

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Parties

D (A Child)

Subject

Father

Appellant

AA (Mother)

1st Respondent

DD (Child)

2nd Respondent

Reunite International Child Abduction Centre

1st Intervener

Ministry of Justice

2nd Intervener

Procedural Posture

Appeal / Jurisdictional Challenge Before the Supreme Court

Legal Issues

  1. 1 Does the Supreme Court of the United Kingdom have jurisdiction to hear an appeal under Article 34 of Brussels II Revised Regulation (BIIR) in child custody enforcement proceedings?
  2. 2 Is the United Kingdom's notification to the European Commission under BIIR effective to restrict appeals to the Court of Appeal only, excluding the Supreme Court?

Ratio Decidendi

The Supreme Court has no jurisdiction to entertain the appeal because the United Kingdom's notification under Article 68 of BIIR limits further appeals to the Court of Appeal, and BIIR, as directly applicable EU law, prevails over section 40 of the Constitutional Reform Act 2005.

Court Disposition

Appeal struck out for want of jurisdiction

Orders

  • The appeal lodged before the Supreme Court is struck out.