S, Re (A Child)

Edward Bennett (instructed by Dawson Cornwell) for the Applicant The 1st, 2nd and 3rd Respondents appeared in person Michael Edwards (instructed by Cafcass Legal) for the 4th Respondent Hearing dates: 25-27 July 2022 ____________________

(1)� The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration. [emphasis added]

(2)� The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.

"(2) Where proceedings relating to parental responsibility relating to the same child and involving the same cause of action are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

(3) Where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court.