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Family Law

The leading authority on all aspects of family law

23 JUL 2010

CONTACT/ JURISDICTION: Re M

(Family Division;  Mrs Justice Parker ; 2 July 2010)

The father issued an application for contact with the child. The mother opposed the application and further stated that the child was habitually resident in Portugal, residing with the maternal grandparents. Both parents continued to reside in England. The father did not have parental responsibility and had not been consulted about the relocation.

The Court found pursuant to Council Regulation (EC) No 2201/2003 (Brussels II), that the child was habitually resident in Portugal and dismissed the father's application on grounds of jurisdiction.

The Court further stated that the law as stated in Re S (Parental responsibility) [1998] 2 FLR 921 that an application for Parental Responsibility could still be made to the domestic Courts, despite it not having jurisdiction as regards to s.8 Children Act 1989 Orders was no longer good law as Article 1 of ‘Brussels II' included the ‘attribution' of parental responsibility. Accordingly the Court did not retain any residual decision making powers in relation to the child.

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