M (BIIa Article 19: Court First Seised) [2018] EWCA Civ 1637

The Court of Appeal had to decide whether under BIIa Article 19, the Family Court was correct to assert jurisdiction over two children aged 6 and 4 and order their return from Poland. The Court of Appeal considered the law on applications to set aside orders, jurisdiction in matters of parental responsibility and the taking of evidence from EU Member States. In allowing the Mother’s appeal the Court emphasised that the purpose of the Brussels regulations is to foster practical comity between jurisdictions for the benefit of families. This calls for an acceptance of outcomes that are, on occasion, surprising or unpalatable.