PIL instrument(s)
Brussels IIa
Case number and/or case name
In re S (A Child) (Care Proceedings: Jurisdiction) [2008] EWHC 3013 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Article 17
Article 20
Paragraph 1
Paragraph 2
Date of the judgement
10 December 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
The care proceedings were in respect of a child from Romania. The proceedings were initiated by the local authority. There were concerns about child trafficking. The father was convicted and imprisoned for child trafficking. There was an interim care order which was made under Article 20. In the course of the proceedings for a final care order, an issue of the English court jurisdiction was raised. The English court established that the child was habitually resident in Romania, and as a result the Romanian court would be more appropriate to hear and determine the dispute.

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