PIL instrument(s)

Case number and/or case name

PB (mother) v SE (father) [2013] EWHC 647 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

25 March 2013

Appeal history

CJEU's case law cited by the court

Summary

The parental responsibility proceedings were in respect of a child, born in May 2005. The mother was English, and the father was Spanish. The parties met on the millennium eve. And, in October/November 2000, the mother went to live in Spain. They separated in 2009. In February 2010, the mother and the child came to live in England. In March 2010, the father initiated parental responsibility proceedings. Following some lengthy manoeuvres, the parties signed off an agreement which was approved by the Spanish court on 20th October 2010. On 17th December 2010, the mother commenced proceedings in England, seeking a residence order and variation of the contract arrangements. The question was whether the English court had jurisdiction. A transfer request was made to the Spanish court. The Spanish court did suggest that there were no pending proceedings as the order, dated 20th October 2010, was final, so that there was no proceedings for the Spanish courts to transfer under Article 15. However, a significant delay was incurred. The matter could not be restored in England before November 2012. In March 2013, Mr Justice Cobb held that the English courts had jurisdiction under Article 8. An appeal was made by the father. The Court of Appeal made a reference to the CJEU. The CJEU rendered its judgment on 1st October 2014, holding that the jurisdiction of the court under Article 12(3) ceased after a final judgment had been rendered.