Samantha Bangham’s Week in Cases 22 November 2013

Sadly there doesn’t seem to be much call for my family law reporting services on the beaches of Antigua and therefore I am back at my desk refreshed recharged and with a bumper crop of cases for you. While I have been sipping on cocktails beneath a palm tree the family courts have remained extremely busy!

Topping the bill this week is a Court of Appeal decision on jurisdiction. Re B (Care Order: Jurisdiction) [2013] EWCA Civ 1434 [2013] FLR forthcoming concerned care proceedings in relation to a 5-year-old child who was habitually resident in Sweden. On appeal it was held that the questions which had been asked of the European Judicial Network judge had been wholly inappropriate and potentially constituted a breach of Art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. The response from the Swedish judge effectively declining jurisdiction was not sufficient to grant...

Read the full article here.