McGinley v LZ

Parent and child – Parental responsibility – EU law – Jurisdiction. Sheriff Court: Allowing an appeal from a sheriff's decision dismissing an application by the Principal Reporter under ss 93(2)(a) and 94(2)(a) of the Children's Hearings (Scotland) Act 2011 in respect of a child who was habitually resident in Poland on the date on which the sheriff court was seised of the proceedings, the court concluded that the sheriff was wrong to hold that the Scottish courts did not have jurisdiction to proceed further in matters of parental responsibility in respect of the child: he had erred in concluding that the proceedings did not fall within terms of art 20(1) of Council Regulation (EC) No 2201/2003 and in dismissing the proceedings and discharging the grounds of referral in respect of the child

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