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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> L (A Child) [2016] EWCA Civ 1297 (16 December 2016) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2016/1297.html Cite as: [2017] 2 FLR 361, [2017] 1 FCR 578, [2016] EWCA Civ 1297 |
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ON APPEAL FROM CHESTER CIVIL AND
FAMILY JUSTICE CENTRE
His Honour Judge Pearce
CH16P00037
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE RYDER
and
LADY JUSTICE KING
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L (A Child) |
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The Respondent did not attend
Hearing date : 7 December 2016
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Crown Copyright ©
Lady Justice King:
Background
"Whilst I have said I have confidence in Mr L's (the father's) ability to maintain connections with the family in England, I think it is in G's best interests that the fact that continuing contact is in some way formally reflected in an order that is made by this court."
"The learned judge was wrong in law to determine that, having decided that the child should live with her father in Greece, he had no jurisdiction to make any order regulating the time she should thereafter spend with the appellant."
Jurisdiction
(1) whether this court can hear the appeal in relation to Ground 1, notwithstanding that G is now habitually resident in Corfu and
(2) whether HHJ Pearce had jurisdiction to make a child arrangements order when the matter was before him in May 2016.
"1. The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised."
Conclusion
Lord Justice Ryder :
Lord Justice Tomlinson :