PIL instrument(s)
Brussels IIa
Case number and/or case name
Re M (Child: failure to comply with achieving best evidence 2014 WL 5411836
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 15
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 4
Paragraph 5
Paragraph 6
Date of the judgement
27 October 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
The care proceedings were concerned with a child, M. Both parents were Portuguese. They moved to England in 2006. The child was born in 2008. On 24th April 2014, the Local Authority obtained an emergency protection order, and shortly after the care proceedings were issued. The English court had jurisdiction under Article 8(1). HHJ Bellamy held that: “It is also common ground that as a result of Article 8 of Council Regulation (EC) No 2201/2003 (Brussels II revised) this court has jurisdiction to deal with the local authority's application. No party suggested that it was appropriate for the proceedings to be transferred to Portugal pursuant to Article 15 of Brussels II revised.” [25]

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