Case number and/or case name
ES v AJ [2010] EWCA Civ 265
Details of the court
England and Wales, Second Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Paragraph 4
Date of the judgement
17 March 2011
CJEU's case law cited by the court
Summary
The proceedings were in respect of two children.
The children had been born in October 2007. They left England with their paternal grandmother in November 2008. The children had been living in Cameroon since then.
The originating summons in wardship was issued in April 2010.
In May 2010, the High Court held that the English court had no jurisdiction as the habitual residence of the children was in Cameroon.
In June 2010, the mother appealed against the judgment.
The Court of Appeal dismissed the mother’s appeal, affirming the decision of the High Court.