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BY SAMANTHA BANGHAM, LAW REPORTER – 30 AUGUST 2012
(Court of Appeal, Thorpe, Munby LJJ, Sir Stephen Sedley, 21 August 2012
The unmarried English mother and Portuguese father lived in Portugal with their child. When the mother attempted to take the child back to England the father prevented her. The parents came to an agreement that the child would spend time with each parent on a 2-monthly rotational basis. The father sought to enforce the agreement in England.
The judge found the English court had jurisdiction and that the agreement was not in best interests of child. The father appealed.
The Portuguese order should have been recognised in accordance with Art 21 of BIIR and the child remained habitually resident in Portugal, therefore, the English court did not have jurisdiction.