PIL instrument(s)

Case number and/or case name

J v J (Relinquishment of Jurisdiction) [2011] EWHC 3255 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

28 November 2011

Appeal history

CJEU's case law cited by the court

Summary

The proceedings were concerned with the issue of parental responsibility for two young children. The children were taken to Austria from England by their mother. The English court had made an order for the return of the two children to England by October 2010. The father did not register/enforce the judgment in Austria, as directed by the English court. In August 2011, an Austrian court gave its permission for a contact between the father and one of the children. However, the father did not return the child to the mother, and brought him over to England. The English court expressed its dissatisfaction with the current state of affairs in this case. Given the level of delay, it was decided that, under Article 15 of Brussels IIa, the Austrian court was better placed to determine the welfare issues. Therefore, the English court relinquished its jurisdiction in favour of the Austrian courts.