The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?
-
Nigel Lowe [1]
-
[1] Cardiff University
Cardiff University
Castle, Reino Unido
-
- Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 6, Nº. 1, 2021, págs. 219-228
- Idioma: inglés
- Enlaces
-
Resumen
Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight. explores the CJEU’s reasons for holding that in such circumstances art. 10 has no application and that the Member State does not have jurisdiction for an indefinite period. The Insight considers the impact of this decision first, for EU Member States both under Brussels II-bis and its successor, Brussels II-ter, and secondly, for the UK now that it has become a third State. It concludes that from all perspectives, the CJEU decision is a sound and welcome one.
