FE v MR and others

Child – Practice. The circumstances of the present case supported a request to the Spanish court under European Community Regulation 2201/2003 art 15 for the transfer of proceedings concerning two children who were habitually resident in England. A transfer of the case could only take place if the Spanish court, as the court of the Member State having jurisdiction as to the substance of the matter, concluded that the three criteria of art 15 were satisfied. Ultimately, the decision rested with the Spanish court.

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