The Application of Art. 10 of Brussels II-Bis to Children Abducted Out of the EU: The Last UK Reference on Family Law?

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 219-228 | European Forum Insight of 11 June 2021 | (Table of Contents) I. Introduction. - II. The ruling. - II.1. The wording. - II.2. The context. - II.3. The legislative history. - III. The significance and relevance of the ruling. - III.1. The impact of SS for Member States. - III.2. The impact of SS for the UK. - IV. Some concluding remarks. | (Abstract) Upon probably the last reference from the UK on Family Law, in SS (case C-603/20 PPU ECLI:EU:C:2021:231) the CJEU was asked to rule, on the application of art. 10 of Brussels II-bis where a child, formerly habitually resident in a Member State, is abducted to and becomes resident in a third State. This Insight. explores the CJEU's reasons for holding that in such circumstances art. 10 has no application and that the Member State does not have jurisdiction for an indefinite period. The Insight considers the impact of this decision first, for EU Member States both under Brussels II-bis and its successor, Brussels II-ter, and secondly, for the UK now that it has become a third State. It concludes that from all perspectives, the CJEU decision is a sound and welcome one.

Keywords

• brussels ii-bis
• jurisdiction
• art. 10
• child abduction
• third state
• residence