Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

President issues guidance relating to the interface between ECHR Law, BIIR and domestic adoption jurisprudence

Sep 29, 2018, 22:41 PM
family law, adoption law, European jurisprudence, Brussels II Revised, children, BIIR
In ​Re CB (A Child) [2015] EWCA Civ 888 the President of the Family Division provides definitive guidance on issues relating to the interface between ECHR Law, BIIR and domestic adoption jurisprudence.
Slug : president-issues-guidance-relating-to-the-interface-between-echr-law-biir-and-domestic-adoption-jurisprudence
Meta Title : President issues guidance relating to the interface between ECHR Law, BIIR and domestic adoption jurisprudence
Meta Keywords : family law, adoption law, European jurisprudence, Brussels II Revised, children, BIIR
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 18, 2015, 03:13 AM
Article ID : 110151
Chris Miller, led by Henry Setright QC (4 Paper Buildings) appeared in a landmark Court of Appeal case in which the Central Authority of a foreign state intervened - Re CB (A Child) [2015] EWCA Civ 888.

The case provided definitive guidance on issues relating to the interface between ECHR Law, BIIR and domestic adoption jurisprudence. The mother and foreign state’s central authority sought transfer of the case to the jurisdiction of the foreign state pursuant to BIIa and, in default of transfer, permission for the mother to oppose the application for adoption. They also invited the Court to conclude that the domestic approach to adoption was incompatible with European practice and principle. All grounds of appeal were refused. The case has attracted a lot of media attention.

Key aspects of the Judgment were:
  • A finding that English adoption law is compatible with European jurisprudence and rights protected under the ECHR.
  • A checklist was provided for best practice in public law cases where subject children are foreign nationals.
  • Guidance was given that the inevitable loss of cultural heritage by a foreign national child through adoption is not a reason to decline to make an adoption order when nothing else will do.
  • A finding that Art 15 of BIIR cannot (by virtue of Art 1(3)(b) of BIIR) be used to transfer to another jurisdiction a part or whole of proceedings which concern moves preparatory to adoption.
  • Applications for permission to oppose an adoption application under s 47(5) of the ACA 2002 are moves preparatory to adoption for the purposes of BIIR
  • The ECHR does not automatically require that a parent be further assessed, within an application pursuant to s 47(5) ACA 2002.
  • Whilst a local authority must notify the embassy of a child who is a foreign national at the earliest opportunity, failure to do so does not necessarily invalidate earlier placement decisions.
  • The involvement of an embassy after a placement order due to late notification does not automatically constitute a change in circumstances for the purposes of s47(5) ACA 2002.
  • A theoretical ability by a foreign state to identify a cultural match for a child is not necessarily a change of circumstances for the purposes of s 47(5) ACA 2002.

An article by Chris Miller looking in detail at the implications of Re CB (A Child) [2015] EWCA Civ 888 will be published shortly.

The above news item originally appeared on the Fourteen website and has been reproduced here with kind permission.
Categories :
  • News
Tags :
Globe
Authors
Provider : Fourteen
Product Bucket :
Related Articles
Load more comments
Comment by from