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International Family Law

The leading authority on international family law

29 AUG 2012

HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam) (2012) ICLLR 012

Brussels II Revisited - Article 20 - provisional, including protective, measures

15 June 2012

Family Division

Baker J

Facts

Health Service Executive (HSE) in Ireland - the statutory body responsible for taking children into care in the Republic of Ireland - applied to the Irish courts for an order permitting SF's detention in a special care unit. However, an appropriate unit for SF could not be found in Ireland but was found in England. The Irish High Court ordered that SF be placed into the appropriate unit in England, with regular reviews in the Irish court. HSE applied for recognition and enforcement of the order in the English High Court and, pending the making of such orders, the placement of SF in the unit under Article 20 of BIIR. HSE made clear that Article 20 of BIIR should be utilised as this was an urgent application

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