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
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
Unequal chances? Ethnic disproportionality in child welfare and family justice
Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society.In the family justice...
Changes to the law on Domestic Abuse
Official statistics (ONS (2016), March 2015 Crime Survey for England and Wales (CSEW)) show that around 2 million people suffer from some form of domestic abuse each year in the UK. In...
Managing costs in complex children cases
In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her...
View all articles
Authors

Have the courts shut the door on BIIR retention of EU children care cases?

Sep 29, 2018, 22:31 PM
BIIR, EU nationality, care and placement, retention of cases, Court of Appeal, Re N
The Court of Appeal recently gave a judgment setting out the points against the retention of care/placement cases in the English courts where children are of EU nationality.
Slug : have-the-courts-shut-the-door-on-biir-retention-of-eu-children-care-cases
Meta Title : Have the courts shut the door on BIIR retention of EU children care cases?
Meta Keywords : BIIR, EU nationality, care and placement, retention of cases, Court of Appeal, Re N
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 16, 2015, 09:01 AM
Article ID : 116681

Re N (Children: Adoption: Jurisdiction) [2015] EWCA Civ 1112


The Court of Appeal recently gave a judgment setting out the points against the retention of care/placement cases in the English courts where children are of EU nationality. The judgment was published very shortly before the publication of the report to the PETI committee of the European Parliament dealing with various member states' concerns about what they describe as 'forced adoptions'.

The language of Art 15 of the Council Regulation (EC) No 2201/2003 of 27 November 2003 'BIIR' seems to be straightforward and sets a three-part test for whether cases should be transferred with no presumption in favour or against. But BIIR has spawned a lot of case-law in this country and has led to multiple judicial statements of principle as to how BIIR cases should be handled. The Re N judgment sets out to draw all of this together in relation to EU children care and placement proceedings. It may now be that all those involved must prioritise the aspects of the case which will point towards such proceedings being sent to the childrens' country of nationality. These aspects start with the requirement to deal with the transfer issues at a stage when long-term planning in this country may not have been settled and ending with the requirement to prioritise EU cultural, language and family care issues at all subsequent stages.

This case is crucial to how this type of case should be handled in future. An article by Roger McCarthy QC and Mark Twomey (both acting for the appellant in Re N) setting out the important consequences of this judgment will be published in a forthcoming issue of Family Law
Categories :
  • News
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from