The WLR Daily case summaries
[2018] WLR (D) 352
Family Division
In re AG and another (Children) (Jurisdiction: Presence in England and Wales)
[2018] EWHC 381 (Fam)
2017 Nov 24; 2018 Feb 28
Baker J
Children— Orders with respect to children— Prohibited steps order— Prohibited steps order preventing mother returning from England to Canada with children— Order discharged on basis children not habitually resident in England and Wales and Canadian courts having jurisdiction— Whether presence of children in England conferring jurisdiction under Council Regulation if rival jurisdiction not member state— Whether residual jurisdiction under national law if Council Regulation not engaged—
Family Law Act 1986 (c 55) (as amended by European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), reg 1(2), Sch, para 5(b) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 2(1)(b), 3(1)
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Council Regulation (EC) No 2201/2003, arts 8, 13, 14