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Family proceedings – Jurisdiction. The child born of British and Polish parents. The issue arose however of whether the court should exercise its power under art 15 of the Hague Child Abduction Convention 1980 and Council Regulation (EC) 2201/2003 (Brussels II Revised) to transfer the case to Poland. It was conceded that the first question arising under art 15 had been satisifey. In relation to the other two questions under art 15, the Family Division held that all three questions arising under art 15 had to be answered in the affirmative. The court would therefore request the Polish court, to assume jurisdiction in accordance with art 15(5) of Brussels II Revised.
Family proceedings – Jurisdiction. The child born of British and Polish parents. The issue arose however of whether the court should exercise its power under art 15 of the Hague Child Abduction Convention 1980 and Council Regulation (EC) 2201/2003 (Brussels II Revised) to transfer the case to Poland. It was conceded that the first question arising under art 15 had been satisifey. In relation to the other two questions under art 15, the Family Division held that all three questions arising under art 15 had to be answered in the affirmative. The court would therefore request the Polish court, to assume jurisdiction in accordance with art 15(5) of Brussels II Revised.
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