Prorogation and Transfer of Jurisdiction: Preliminary Reference to CJEU C-436/13

The CJEU has set a hearing date of 15th May 2014 for this Preliminary Reference. The Court is being asked to consider whether a prorogation under Article 12 endures for the child's minority or whether it lasts only for the applicaiton/proceedings in connection with which the prorogation was made. It is also considering whether there need to be proceedings in place for an Article 15 transfer of jurisdiction to be effected. The reference was made by the Court of Appeal in connection with the father's appeal from the decision of Cobb J in Re S (Jurisdiction: Prorogation) [2013] EWHC 647 (Fam) [2013] 2 FLR 1584 [2013] 2 FLR 1584. I am appearing with Michael Gration on behalf of the father. Henry Setright QC and Edward Devereux are appearing for the Respondent.