The Law Reports (Appeal Cases)
[2010] 1 AC 319
Supreme Court
In re I (A Child) (Contact Application: Jurisdiction) (Centre for Family Law and Practice and another intervening)
[2009] UKSC 10
2009 Oct 12,
13;
Dec 1
Dec 1
Lord Hope of Craighead DPSC, Baroness Hale of Richmond, Lord Collins of Mapesbury, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony JJSC
Conflict of laws— Jurisdiction under Council Regulation— Orders with respect to children— Mother seeking contact order in respect of child habitually resident in Pakistan— Council Regulation allowing “opt in” to jurisdiction of courts of member state not otherwise having jurisdiction— Requirement that jurisdiction accepted by “all parties to the proceedings at the time the court is seised”— Whether Regulation applicable to child habitually resident outside European Union— Whether court having jurisdiction to make contact order— Whether acceptance of jurisdiction necessary before seisin—
Family Law Act 1986 (c 55) (as amended by Children Act 1989 (c 41), s 108(5), Sch 13, paras 62(2)(a), 63(1)(a), European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), reg 8(1)(2) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 1(1)(a), 2(1)
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Council Regulation (EC) No 2201/2003, art 12(3)