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Thoughts on child rights and Brussels IIA after EU withdrawal

Date:26 JAN 2018
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Solicitor Advocate

Latvian children, care proceedings and Art 15 

The case of G and H (Children: Article 15 Brussel II Revised Regulation) [2018] EWFC 60 is a troubling one: including the parties, the children’s view (if appropriate) and operation of Brussels IIA after EU withdrawal. The first concern – only a minor point, but which must be mentioned at the beginning – is that though the case is reported the judge gave it no 6.1 certificate enabling it to be cited (see Practice Direction of 9 April 2001: Citation of Authorities Lord Woolf LCJ [2001] 1 WLR 1001 para 6.1; and see 'Precedent, or just a law report?'  where the precedent/para 6.1 point is considered more fully). That said this note will set out and refer to the judgment.

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