The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
The first question for the English court in this scenario, in the event that father applied for an order under section 8 of the Children Act 1989 (ChA 1989), would be where the child is habitually resident.
Section 2(1) of the Family Law Act 1986 provides that the English court shall not make an order under ChA 1989, s 8 unless either it has jurisdiction under Council Regulation (EC) 2201/2003 (Brussels II bis) or the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996 Hague Convention).
Article 8 of Council Regulation (EC) 2201/2003, Brussels II bis provides that the courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised. Council Regulation (EC) 2201/2003, Brussels II bis applies not only between Member States but also to cases involving the UK and non-Member States (Re A (Jurisdiction: Return of
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