Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

Care Proceedings with a European Dimension under Brussels IIa: Jurisdiction, Mutual Trust and the Best Interests of the Child [2016] CFLQ 67

Sep 29, 2018, 22:49 PM
Care proceedings, jurisdiction, EU, Brussels II Revised, public law, child protection
This article explores the use of the Brussels IIa Regulation in English care proceedings where the child is a national of another EU Member State.
Slug : care-proceedings-with-a-european-dimension-under-brussels-iia-jurisdiction-mutual-trust-and-the-best-interests-of-the-child
Meta Title : Care Proceedings with a European Dimension under Brussels IIa: Jurisdiction, Mutual Trust and the Best Interests of the Child [2016] CFLQ 67
Meta Keywords : Care proceedings, jurisdiction, EU, Brussels II Revised, public law, child protection
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 5, 2016, 04:38 AM
Article ID : 111397
Ruth Lamont, Senior Lecturer in Familyand Child Law, University of Manchester

Keywords: Care proceedings – jurisdiction – EU – Brussels II Revised – public law – child protection

This article explores the use of the Brussels IIa Regulation in English care proceedings where the child is a national of another EU Member State. The structure and approach of the law on jurisdiction over care proceedings is explained to demonstrate that the Regulation is not well drafted to accommodate care proceedings. There are significant flaws in drafting and cooperation between national authorities in organising the transfer of jurisdiction between Member State courts. The underlying approach of the Regulation in assessing the child’s best interests against a background of mutual trust between national family laws does not provide a coherent basis for the law. Mutual trust prevents the assessment of potential future outcomes for the individual child from foreign care proceedings, limiting the scope of any best interests assessment as an aspect of the rules of jurisdiction.

This article was published n in Child and Family Law Quarterly in Issue 1, Vol 28, 2016. The final published version of this article is available below under a CC-BY-NC licence.
2016_01_CFLQ_67.pdf
Categories :
  • Articles
  • CFLQ
Tags :
Family_law_cflq
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from