I (A Child)

Case summary

Case ID

UKSC/2009/0075

Parties

Appellant(s)

MY

Respondent(s)

WI

QI

Intervener(s)

Reunite International Child Abduction Centre and the Centre for Family Law and Practice

Issue

Whether the reference to a "third state" in Article 12(4) of the Council Regulation (EC) No. 2201/2003 (Brussels II Regulation), allowing for prorogation of jurisdiction in care proceedings where it is in the child’s best interests, extends to children who are habitually resident outside of the EU.

Facts

QI is a 9 year old living in Pakistan with his paternal grandparents; his father has primary custody, and his mother telephone and supervised visitation rights. Both his parents live in the UK. These proceedings arise out of attempts by QI's mother to increase her contact with QI. The Court of Appeal held that it had no jurisdiction, under the Brussels II Regulation or otherwise, on the basis that QI was not habitually resident in this jurisdiction and it was not in his best interests for issues related to his care to be decided in England and Wales.

Date of issue

1 October 2009

Judgment appealed

Judgment details

Judgment date

1 December 2009

Neutral citation

[2009] UKSC 10

Judgment links

Appeal

Justices

Lord Hope

Lady Hale

Lord Collins

Lord Kerr

Lord Clarke

Hearing dates

Full hearing

Start date

12 October 2009

End date

13 October 2009

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