We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

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.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?


Request a trial Find out more