Re M (BIIa Article 19: Court First Seised)

Family proceedings – Jurisdiction. The judge's decision not to set aside his earlier decision, finding that the English court had exclusive jurisdiction over two children and ordering the mother to return the children from Poland, had been wrong in a number of ways. In particular, the Court of Appeal, Civil Division, in allowing the mother's appeal, held that the Polish court had become and remained seised of jurisdiction in relation to the children since the mother had lodged her application for custody in the Polish court, and the English courts had to decline jurisdiction in relation to matters of parental responsibility.

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