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Family proceedings

30 September 2016
Issue: 7716 / Categories: Case law , Law digest , Family , In Court
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Re L (a child) (jurisdiction) [2016] EWCA Civ 821, [2016] All ER (D) 67 (Sep)

The Court of Appeal held that the appeal would be allowed in a case where the father of a child, A, appealed against final orders which an English court had made in relation to the care of A. In the circumstances, the English court had had no jurisdiction to make final orders, because there had not been a valid request made under Art 15 of Council Regulation (EC) 2201/2003 to transfer jurisdiction from the French court and, without such a request, there had been no basis for the English court to have exercised substantive jurisdiction in relation to A.

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