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Child outside the EU

Litigation Letter

Child outside the EU

In re I (a child) (jurisdiction) Supreme Court [2009] UKSC 10 TLR 4 December; SJ 8 December p32

The parents and their four-year-old son were all British citizens, although the mother originated from India and the father from Pakistan. Several months after his first birthday the child was taken to hospital with fractures to his arms which were originally attributed to the father but subsequently the mother was held to have been responsible. A residence order was made in favour of the father who was subsequently granted leave to take the boy to Pakistan to live with the father’s mother and sister on the father’s undertaking to return the boy to the jurisdiction if ordered to do so. The mother applied under s8 of the Children Act 1989 for contact, including the child being brought to the UK. Section 2(1) of the Family Law Act 1986 prevented an English Court from making such an order unless it had jurisdiction under Council Regulation (EC) No. 2201/2003 known as Brussels II Revised.

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