UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

On appeal from: [2009] 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 judgment, please download: [2009] UKSC 10
For the Court’s press summary, please download: Press Summary

For a non-PDF version of the judgment, please visit: BAILII