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24 JUL 2012

BRUSSELS II REVISED:Re AB (BIIR: Care Proceedings) [2012] EWCA Civ 978

(Court of Apeal, Thorpe, Black LJJ, Sir Stephen Sedley, 17 July 2012) 

The child had previously been in care in Lithuania before the mother and child relocated to the UK. The Lithuanian authorities were content for the UK courts to determine whether the child should be returned to the mother's care but if they determined the child should be accommodated away from the home then they wished for the child to be returned Lithuania for placement.

The mother appealed that determination. Brussels II Revised did not entitle a Member State to stipulate the placement of a child in it's own jurisdiction nor to eliminate or restrict another Member's State's jurisdiction to determine where the best interests of the child lay. Placement in Lithuania would be a consideration for the English court but would not be determinative.

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