FAMILY PROCEEDINGS: B v B [2010] EWHC 1989 (Fam)

05 AUG 2010

(Family Division; Holman J; 27 July 2010)

The parents met and married in Germany but the child was born in England post-separation. The child had contact with the father in England. The mother was given permission to remove the child to Germany with contact to the father, with travel arrangements to be paid for by the father. The mother and child acquired habitual residence in Germany. The mother issued German proceedings seeking parental care to which the father did not participate. The English court retained jurisdiction under Brussels I for 3 months. Contact could not take place because the father was imprisoned for attempting to travel on his brother’s passport. After the father’s release, he failed to provide money for contact. The issue was whether the English or German courts had jurisdiction.

Held that it was not in the best interests of child for the English courts to have jurisdiction as per Art 12 ECHR and owing to the substantial connection in Germany.

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