Q&As

One parent is a British citizen and the other parent is a citizen of Denmark, where the parties child was born. Subsequently the parties and the child lived for most of the child’s life in a non-EU country. The parents returned to the UK with the child three months ago and one parent now wishes to return to the non-EU country with the child. Will the courts in England and Wales have regard to how long the child has been in the UK as to their jurisdiction? Will the position be different post-Brexit?

read titleRead full title
Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers
Published on LexisPSL on 26/11/2019

The following Family Q&A Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers provides comprehensive and up to date legal information covering:

  • One parent is a British citizen and the other parent is a citizen of Denmark, where the parties child was born. Subsequently the parties and the child lived for most of the child’s life in a non-EU country. The parents returned to the UK with the child three months ago and one parent now wishes to return to the non-EU country with the child. Will the courts in England and Wales have regard to how long the child has been in the UK as to their jurisdiction? Will the position be different post-Brexit?

The jurisdiction of the family courts in England and Wales derives from Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (known as Brussels II bis, Brussels IIA or Brussels II revised). There are different schemes for divorce and children. The founding jurisdiction is intricate and there is considerable case law as to the factors that can establish habitual residence.

However, Brussels II bis applies to all EU countries save for Denmark, and if neither Brussels II nor Brussels II bis apply, jurisdiction in relation to private law proceedings concerning children is governed by the Family Law Act 1986 and, w

Related documents:

Popular documents