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PSL Essential Update - June 2016
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In the month that Britain (or 52% of Britain) made the historic (and controversial*) decision to leave the EU what has happened in family law?
Supreme Court strikes out appeal in Re D (A Child) [2016] UKSC 34
In very basic and brief terms a Romanian court has held that a child should live with his father in Romania. The child lived in England with the mother and so the father appealed to the English courts under Brussels IIa to have the Romanian judgment registered and enforced. The English court refused because the voice of the child had not been heard. The Court of Appeal upheld this decision. The father appealed to the Supreme Court. The Supreme Court struck out the appeal holding that it did not have the jurisdiction to hear it as appeals in England and Wales under the provisions of Brussels IIa may be brought only be a single further appeal on a point of law to the Court of Appeal. You only have one chance to appeal a Brussels IIa judgment basically because the whole point of Brussels IIa is to make it a quick...
Read the full article here.
