C-603/20 PPU – MCP. Following Mostyn J’s application for an urgent preliminary ruling from the CJEU in the case of SS v MCP [2020] EWHC 2971 (Fam), Anthony Metzer QC and Dr Charlotte Proudman will represent the Mother during the hearing before the CJEU. The original case concerned a child abduction matter in which the Father had applied for the immediate return of the child from India to the UK, which the Mother opposed. The Mother alleges domestic abuse and coercive control by the Father, which the Father denies. The High Court found that the child was habitually resident in India having spent around two years there. However, there was ambiguity in relation to the territorial reach of Article 10 of Brussels IIa, principally whether its provisions applied between Members States and Third States, such as India. Mostyn J made an application to the CJEU to determine the matter. The CJEU invited written observations from the parties on Mostyn J’s question, as well as additionally requesting written observations on whether Article 8, Article 12 and International Conventions were engaged on such occasions. Oral arguments will be made to the CJEU on 4th February 2021.
Related barristers: Anthony Metzer KC, Dr Charlotte Proudman
