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Re S (A Child) (Article 16 and 18 BIIA and Article 19 EU Service Regulation) [2017] EWHC 3768 (Fam)

Date:23 MAY 2018
Third slide
Law Reporter

(Family Division, Williams J, 18 October 2017)

Jurisdiction – BIIA – Habitual residence – Child removed to Spain – EU Service Regulation

 The judge concluded that the court had jurisdiction pursuant to Arts 8 and 10 of BIIA based upon the child’s habitual residence, that the Spanish court should have stayed its proceedings, that the child had been wrongfully retained in Spain and that the child should have interim contact with the father pending a final hearing.

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No. FD17P00478
Neutral Citation Number: [2017] EWHC 3768 (Fam)


Royal Courts of Justice
Wednesday, 18th October 2017


(In Private)

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Re S (a child)

(Article 16 and 18 BIIa and Article 19 EU Service Regulation)

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Transcribed by Opus 2 International Ltd.
(Incorporating Beverley F. Nunnery & Co.)
Official Court Reporters and Audio Transcribers
5 New Street Square, London EC4A 3BF
Tel: 020 7831 5627 Fax: 020 7831 7737

**This transcript is subject to Judge’s approval**

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MR ALISTAIR G PERKINS appeared on behalf of the Applicant. (Instructed by Crosse & Crosse)

THE RESPONDENT did not attend and was not represented.

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J U D G M E N T 

If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.
This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

Judgment: Re S (A Child)(Article 16 and 18 BIIA and Article 19 EU Service Regulation) [2017] EWHC 3768 (Fam).rtf
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