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Jurisdiction in cross-border adoption cases (Re A and another (Children))
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Family analysis: The Family Division’s guidance in Re A regarding applications by prospective adoptors in England for adoption orders in respect of Scottish children is considered by Lorraine Cavanagh barrister of St John’s Buildings.
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Original news
Re A and another (Children) [2017] EWHC 1293 (Fam) [2017] All ER (D) 17 (Jun)
The Family Division determined that the English courts had jurisdiction to hear an application by prospective adopters living in England for an adoption order in relation to two Scottish children. The court also held that the proceedings did not need to be stayed so that the case could be heard in Scotland: England was the forum conveniens.What was the background to the case?
A Scottish local authority had concluded that...
Read the full article here.
