PIL instrument(s)

Case number and/or case name

EA v AP [2013] EWHC 2344 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

24 June 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties to the proceedings were husband and wife who married in Italy, and had two children. The husband’s litigation strategy appeared to be somewhat tactical. The husband sough a shared residence in England because this was the place of the children’s residence. However, he filed a divorce petition in Italy, seeking orders regarding maintenance etc. In England, on 12th March 2012, the wife made an application, seeking different forms of financial provision from her husband. The English proceedings were stayed under Brussels IIa. On 21st October 2012, the wife made an application for a periodical payment order (i.e. child maintenance). The jurisdiction of the English court was challenged. The English court held that these proceedings had to be stayed under Article 12 of the Maintenance Regulation. The High Court judge held: “38 I therefore order a stay. The jurisdiction is not established. I recognise that this may cause hardship and injustice to the wife, but it is, in my view, the only principled way in which the dispute can be determined.” [38]