PIL instrument(s)

Case number and/or case name

A v B [2011] EWHC 2752 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

01 November 2011

Appeal history

CJEU's case law cited by the court

Summary

The parental responsibility proceedings were in respect to the parties’ child. The parties were both English nationals. They commenced their relationship in 2005, and separated in 2007 shortly before their child was born in Sweden. The court proceedings were commenced by the father on 11th August 2011. There were parallel proceedings in Sweden. On 1st November 2011, the High Court held that, since the Swedish court was first seised, the English proceedings had to be stayed. Mr Justice Wall held: “30 In my judgment, the arguments advanced on the mother's side are to be preferred, and the English proceedings will be stayed. It seems to me a matter entirely for the Swedish Court as to whether or not it retains jurisdiction in this case, and that any other conclusion would fly in the face of Article 19.2 of BIIR 31 In summary, the Swedish court lawfully took jurisdiction following the birth of M and has to date retained it, notwithstanding the fact that, on the facts as they then were, the mother said she was not intending to return to live in Sweden.” [30-31] The matter reached the English courts again in 2013 when the English court held that it had no jurisdiction because the child was habitually resident in Sweden. (See In re B (A Child) (Care Proceedings: Jurisdiction) [2013] EWCA Civ 1434.)