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(European Court of Justice; 1 July 2010)
The ECJ gave a preliminary ruling on the interpretation of various Articles of Brussels II Revised (BIIR) following wrongful removal by the mother from Italy to Austria, a provisional award of joint custody in Italy, a refusal to return under the Hague Convention by the Austrian court and a subsequent certified return order by the Italian court.
Held that the Italian court had retained jurisdiction concerning the child, and its certified order for return must be enforced in Austria irrespective of subsequent irreconcilable Austrian orders and the Austrian court's assessment of the child's welfare.
Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.
They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...