W v X

Subject Matter

CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Court in member state of father’s residence making final decision in relation to residence, contact and maintenance of child — Child’s habitual residence in member state of mother’s residence — Court in member state of mother’s residence refusing to recognise final decision and giving mother sole custody — Father seeking variation of final decision in new proceedings before court of state of his residence — Whether that court having jurisdiction to vary earlier final decision — Council Regulation (EC) No 2201/2003, art 8 — Council Regulation (EC) No 4/2009, art 3

(Case C-499/15); EU:C:2017:118; [2017] Fam 305; [2017] 2 WLR 1369; [2017] 2 FLR 828; [2017] WLR (D) 113, ECJ