Family Law Hub

X (Children) (Article 61 BIIa) [2021] EWCA Civ 1305

The father appealed from an order determining that the proceedings concerning the parties' children were subject to the 1996 Hague Convention for the purposes of the lis pendens provisions in article 13. The father had commenced proceedings in England and Wales, while the mother had commenced proceedings in Russia. The father contended that the 1996 Hague Convention did not apply to the English proceedings because of the effect of article 61 of Council Regulation (EC) No 2201/2003 (Brussels IIa). His case was that the children were habitually resident in England and Wales when those proceedings commenced, and thus, as set out in article 61, Brussels IIa applied. He submitted that the judge had misinterpreted articles 61 and 62 of Brussels IIa. In Moylan LJ's view, the outcome was clear. If the children were habitually resident in England and Wales when the English proceedings commenced, Brussels IIa applied to them, including the jurisdiction provisions, and article 13 of the 1996 Hague Convention did not apply. Newey LJ and Baker LJ agreed. The appeal was allowed and the judge's determination was set aside.

Published: 24/08/2021


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item