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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Daughter lives in Spain.A Court Order exists issued by The

Resolved Question:

My Daughter lives in Spain.A Court Order exists issued by The Principal Registry of the Family Division of the High Court of Justice.This states that"The jurisdiction of this court on any future issues in regard to the above named children".My Daughters ex-husband has now opened a case in the Spanish Courts to seek custody of the two children.My question is it permitted that a Spanish Court can adjudicate in this case and annul the English order?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children, when was the Uk Order made - and why?
Clare
Customer: replied 2 years ago.

The Children are ten and six.The Court order was made on 29 November 2012.The order was made after my Daughter withdrew her section 8 application(?),and both parties agreed to this order being made,on the condition that if my daughter made a future Childrens Act application ,she would be responsible for any costs of a privately instructed social worker who might be required by the Court to prepare a report on the Children,subject to the discretion of the Court.

This was done,as both parties were, as now,resident in Spain. I think it relevant to say that my ex-son in law has now left his employment in Spain(He works for the EU as a scientist) and now works in The Republic of Ireland.He commutes back to his partner(Spanish),and they live in her house.

I should also say the Divorce and maintenance arrangements for my daughter and the Children was done in the English Court.

Expert:  Clare replied 2 years ago.
Hi
Can you give me the full wording of the Order with rega dto Jurisdiction?
Clare
Customer: replied 2 years ago.

Direction

Children Act 1989

Before District Judge Robinson sitting at the Principal Registry of the Family Division,First Avenue House,High Holborn,London on 15th November 2012.

Upon reading letters from the parties' solicitors and the Applicant Mother's application dated November 1st to withdraw her Section 8 application.

And Upon the parties agreeing,acknowledging and accepting:

1) the jurisdiction of this court on any further issues concerning the above named children and

2)that on any future Children Act application submitted by the Applicant Mother she will be responsible for any costs of a privately instructed Social Worker who might be required by the Court to prepare a report on the children,subject to the discretion of the Court.

And noting the order of District Judge Bowman dated 15 November 2012.

By Consent

The Court Directs

1.The Applicant Mother shall be permitted to withdraw her existing Section 8 application.

2.No order as to costs

Ordered by District Judge Robinson

on 29 November 2012 (Court stamp 11 Dec.2012)

Expert:  Clare replied 2 years ago.
Hi
Thank you.
May I ask why your daughter wants the matter to be dealt with in England?
Clare
Customer: replied 2 years ago.

Because it is her intention to move back to the UK when the school year ends in Spain in June of this year.

Expert:  Clare replied 2 years ago.
Hi
Has she obtained the father's agreement to the move - or is that the cause of the application
If it is then would she not find it easier and cheaper for it to be dealt with in Spain?
Clare
Customer: replied 2 years ago.

Clare

She has not got the Fathers agreement to move.He wants to take the Children to the Republic of Ireland.He was born in Northern Ireland,but brought up in the South by his Grandparents.

She wishes to keep all legal matters in the UK,so I come back to my original question which is if a Court Order is made in one EU country,can it be overturned by a new order in another EU country.I was under the impression that an EU agreement exists which says that an Order stays in the originating Court,and can only be moved in exceptional circumstances,and only with the agreement of both Courts.

Expert:  Clare replied 2 years ago.
Hi
Bearing in mind that the issue of the move from Spain would have to be resolved BEFORE the actual move then under Article 17 of the Brussels II Convention on Jurisdiction your daughter can indeed insist on the matter being heard in England
http://www.jus.uio.no/lm/brussels.jurisdiction.and.enforcement.of.judgments.in.civil.and.commercial.matters.convention.1968/17.html
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Clare

Thank for the reply.I would like you to confirm that,for whatever reason ,if my Daughter remains in Spain,she can still insist that all matters regarding the children are decided by the UK Court.

Kind regards

H R Crowther

Expert:  Clare replied 2 years ago.
Hi
Your daughter can make the argument to the Spanish Court that under Article 17 it has been agreed that the matter be dealt with in London.
It will of course cost her extra money for that to happen but that is her choice
If the case goes ahead in Spain then she can appeal the matter
Clare
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