New Judgment: I (a Child)  UKSC 10
01 Tuesday Dec 2009
On appeal from:  EWCA Civ 965
The Supreme Court unanimously allowed this appeal, declaring that the courts of England and Wales had jurisdiction to determine the future level of contact between a child and his mother, where the child did not habitually reside in an EU Member State. The Supreme Court held that article 12 of Brussels II Revised applies to a child who is lawfully resident outside the EU. In this case it was clear that the criteria of article 12.3 were satisfied and therefore that the parties had opted in to this jurisdiction.
For a non-PDF version of the judgment, please visit: BAILII