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10 December 2009
Issue: 7397 / Categories: Case law , Law reports
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Conflict of laws—Family law—Child residing outside EU

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Re I (a child) (jurisdiction: habitual residence outside European Union) [2009] UKSC 10, [2009] All ER (D) 12 (Dec)

Supreme Court, Lord Hope DP, Lady Hale, Lord Collins, Lord Kerr and LordClarke SCJJ,1 December 2009

The courts of England and Wales have jurisdiction to determine the future level of contact between a child and his mother where the child does not habitually reside in an EU member state, pursuant to Art 12 of Council Regulation 2201/2003/EC (Brussels II Revised).

Jonathan Baker QC and Edward Devereux for the mother. Alison Russell QC and Divya Bhatia for the father. Judith Charlton for the guardian. Henry Setright QC and Teertha Gupta for Reunite International Child Abduction Centre and the Centre for Family Law and Practice intervening.

The child was born in the UK in July 2000, and was a British citizen. His mother originated from India but had lived in the UK for many years. His father originated from Pakistan. Both were British citizens.

They married in Pakistan in October 1999 and lived together in

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