In re I (A Child) (Contact Application: Jurisdiction) (Centre for Family Law and Practice intervening)

Subject Matter

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, ss 1(1)(a), 2(1) (as substituted by Children Act 1989, s 108(5), Sch 13, para 63 and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005, reg 8(1)(2) and as amended by Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005, art 5) — Council Regulation (EC) No 2201/2003, art 12(3)

[2009] UKSC 10; [2010] 1 AC 319; [2009] 3 WLR 1299; [2010] 1 All ER 445; [2010] 1 FLR 361; [2010] 1 FLR 361; [2010] 1 FCR 200; The Times, 4 December 2009; [2009] WLR (D) 351; [2010] Fam Law 237; Case details, SC(E)

Appellate History