Case number and/or case name
T v T (Occupation Order) [2010] EWHC 3776 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 2
SubParagraph a
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Brussels IIa
Article 1
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
21 December 2010
CJEU's case law cited by the court
Summary
The English court had to consider an application for an occupation order over an English property.
The order was sought by the wife who was an English national.
The husband was a French national. The main matrimonial home was in France. However, following a separation, the wife and the children had moved to England.
There were divorce proceedings in France. A divorce order had been made by a first instance court in France. An appeal was outstanding there.
The husband challenged the jurisdiction of the English court, noting that it had no power to make such under Brussels I and/or Brussels IIa.
Although the court held that the it had no jurisdiction to make an occupation order under Brussels IIa, it was stated that it hadpower to do so under Article 31 of Brussels I.