AB, (A Child), Re [2012] EWCA Civ 978 (17 July 2012)

AB, (A Child), Re [2012] EWCA Civ 978 (17 July 2012)

Article 56 of Council Regulation (EC) 2201/2003 does not constrain the English court's duty to determine the child's best interests; the High Court erred in treating it as such, and the relevant order must be amended accordingly.

Citation
[2012] EWCA Civ 978
Parties
Appellant: VB; First Respondent: Doncaster MBC; Second Respondent: Child AB (By her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Appeal / Judgment on Appeal From High Court Order
Outcome
Appeal allowed in part
Legal Topics
Child Placement, Jurisdiction, Parental Responsibility, Article 56 of Council Regulation (ec) 2201/2003
Family Law European Union Law Child Placement Jurisdiction Parental Responsibility Article 56 of Council Regulation (ec) 2201/2003

Case Brief

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Parties

VB

Appellant

Doncaster MBC

First Respondent

Child AB (By her Children's Guardian)

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether Article 56 of Council Regulation (EC) 2201/2003 restricts the English court's obligation to determine the child's best interests
  2. 2 Whether the High Court erred in treating Article 56 as limiting its discretion in child placement

Ratio Decidendi

Article 56 of Council Regulation (EC) 2201/2003 does not constrain the English court's duty to determine the child's best interests; the High Court erred in treating it as such, and the relevant order must be amended accordingly.

Court Disposition

Appeal allowed in part

Orders

  • Sub-paragraph (b) of paragraph 9 of Hedley J's order is deleted
  • Agreed directions for further conduct of the case to be followed as annexed