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An exception that is becoming exceptionally common? Re CB, the involvement of foreign states, Article 15 of BIIR and leave to oppose adoption
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Chris Miller FOURTEEN Overview
The recent case of
Re CB (A Child) [2015] EWCA Civ 888 [2015] 2 FLR (forthcoming) has attracted a significant amount of press coverage in recent days. One broadsheet has used the case as a platform to analyse the tension that exists between a state's wish to determine the future of its own citizens and the best interests of a specific child. A radio interview explored whether or not adoption is a proportionate response to the type of neglect that CB suffered. Whilst there is crucial guidance as to procedure and law given in the judgment the issues that have preoccupied the press were not explicitly central to the determinations in
Re CB. Rather they provide a context to the arguments made and a potential explanation for why a number of European countries are taking an increasing interest in the decisions that are made about their minor citizens by English and Welsh courts.
This article will focus on the detail of the decision and the implications for future practice rather than the wider debates.
The facts
CB was born in 2008 in England and has been habitually resident in this country for...
Read the full article here.
