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Article 15 transfer requests – what happens next? (FE v MR and Others)
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Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.
Original news
FE v MR and others [2017] EWHC 2298 (Fam), [2017] All ER (D) 110 (Oct)
The circumstances of the present case supported a request to the Spanish court under Art 15 of the Brussels II Regulation (EC) 2201/2003 (Brussels II bis) for the transfer of proceedings concerning two children who were habitually resident in England. A transfer of the case could only take place if the Spanish court, as the court of the Member State having jurisdiction as to the substance of the matter, concluded that the three criteria of Art 15 were satisfied. Ultimately, the decision rested with the Spanish court.
Read the full article here.
