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Family Law Reports


"The unrivalled and authoritative source of judicially approved case reports, covering all areas of family law."

Frank Feehan QC, Head of Chambers 42 Bedford Row

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We are the leading specialist  family court reporting service.
Family Law Reports
contains verbatim reports of every important Family Division, Court of Appeal, Supreme Court and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law. Family Law Reports are available as both a print and online subscription.

Family Law Reports provides the following key features:

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  • Every case judicially approved making them totally authoritative and reliable
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[2017] 2 FLR 1515-1744 - Issue 12

Re A Ward of Court
[2017] EWHC 1022 (Fam)
[2017] FLR 1515, FD

DB v PB (Prenuptial Agreement: Jurisdiction)
[2016] EWHC 3431 (Fam)
[2017] 2 FLR 1540, FD

Hand and Another v George and Another
[2017] EWHC 533 (Ch)
[2017] 2 FLR 1565, ChD

Re K (Reciprocal Enforcement of Maintenance Orders: Power of Magistrates to Issue Bench Warrant)
[2017] EWFC 27
[2017] 2 FLR 1602, FC

SW and TW (Human Rights Claim: Procedure) (No 1)
[2017] EWHC 450 (Fam)
[2017] 2 FLR 1609, FD

Re W (A Child) (Adoption: Delay)
[2017] EWHC 829 (Fam)
[2017] 2 FLR 1628, FD

Re W (A Child) (No 3)
[2017] EWHC 1032 (Fam)
[2017] 2 FLR 1714, FD

Re X and Y (Secure Accommodation: Inherent Jurisdiction)
[2016] EWHC 2271 (Fam)
[2017] 2 FLR 1717, FD
"The unrivalled and authoritative source of judicially approved case reports, covering all areas of family law."

Frank Feehan QC, Head of Chambers, 42 Bedford Row

Rebecca Bailey-Harris Barrister, 1 Hare Court; Professor Emeritus, University of Bristol

Caroline Bridge Barrister and Solicitor, High Court of New Zealand; Honorary Fellow, University of Manchester

Nigel Lowe Barrister; Professor of Law, Cardiff Law School, Cardiff University

Consultant Editor: The Honourable Mr Justice Cobb
C v M
CASE C-376/14 PPU
Courtof Justice of the European Union
MIlešicˇ, President of The Chamber; AÓ Caoimh; C Toader;
EJarašiu¯nas (Rapporteur); CG Fernlund, Judges; M Szpunar;
LHewlett; Principal Administrator
9 October 2014

Jurisdiction – Habitual residence – Reference for preliminary ruling – Mother
and child relocated to Ireland followingFrench order granting mother permission to do so – Order subsequently appealed – Whether the French court retained jurisdiction pursuant to BIIR– Whetherthe child was being wrongfully retained – Whether the child could establish habitualresidence in Ireland The British mother and French father marriedand had a child in France in 2008. When the marriage broke down the French courtgranted the parents joint parental authority, determined the child’s habitual residence tobe with the mother and made provision for contact between the father and child. Thejudgment which was provisionally enforceable provided that the mother waspermitted to set up residence in Ireland if she wished. The father sought to appeal but astay of the order was refused. The mother and child travelled to Ireland where they hadnow been living for 2 years. Nine months after their relocation, the father’s appealwas allowed and the original French judgment was overturned. The court ordered that the childshould live with the father and made provision for contact with the mother. Thefather applied to the High Court of Ireland for recognition and enforcement of the Frenchorder. The application was successful but the mother sought to appeal on a point oflaw. The father also applied to the High Court for a return order pursuant to theHague Convention for a return of the child to France and for a declaration that the motherhad wrongfully retained the child in Ireland. The application was dismissed andthe court held that the removal of the child to Ireland was lawful since it took place onthe basis of the French judgment. The High Court held that the child’s habitualresidence was not conditional upon the French judgment permitting the child’sremoval being overturned on appeal and that the child had been habitually resident inIreland since the mother took her there with the intention of settling. The fatherappealed. The Supreme Court of Ireland stayed the proceedings and made a reference for apreliminary ruling to the CJEU in seeking to establish whether the French court retainedjurisdiction in matters relating to the child in light of Art 12(2)(b) or Art 12(3)(a) and(b) of Council Regulation (EC) No 2201/2003 of 27 November 2003Concerning Jurisdiction and the Recognition and Enforcement of Judgments inMatrimonial Matters and in Matters of Parental Responsibility, repealing Regulation(EC) No 1347/2000 (Brussels II Revised) (BIIR) or whether the mother andchild were entitled to establish their habitual residence in Ireland. The courtasked: (1) Did the existence of the French proceedings relating to the custody of thechild preclude, in the circumstances of this case, the establishment of habitual residenceof the child in Ireland? (2) Did either the father or the French courts continue tomaintain custody rights in relation to the child so as to render wrongful the retention of thechild in Ireland? (3) Were the Irish courts entitled to consider the question of habitualresidence of the child in the circumstances where she had resided in Ireland for 2 yearsand her removal to Ireland was not in breach of French law?

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