Case number and/or case name
O v O [2010] EWHC 3539 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 5
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
19 February 2010
CJEU's case law cited by the court
Summary
The husband was a Nigerian, maintaining a home there. The wife was British - a daughter of Nigerian parents.
A divorce petition was filed by the wife in England.
The husband petitioned for divorce in France. The question was whether the English court had jurisdiction under Article 3(1) of Brussels IIa. The court answered this question in affirmative, noting that the wife had established the habitual centre of her interest in England where all siblings were based. Therefore, the English court had jurisdiction under Article 3(1)(a) of Brussels IIa.