• Corpus ID: 157137480

Care Proceedings with a European Dimension under Brussels IIa: Jurisdiction, Mutual Trust and the Best Interests of the Child

@article{Lamont2016CarePW,
  title={Care Proceedings with a European Dimension under Brussels IIa: Jurisdiction, Mutual Trust and the Best Interests of the Child},
  author={Isabel Lamont},
  journal={Child and family law quarterly},
  year={2016}
}

• Isabel Lamont
• Published 5 January 2016
• Law
• Child and family law quarterly

This article explores the use of the Brussels IIa Regulation in English care proceedings where the child is a national of another EU Member State. The structure and approach of the law on jurisdiction over care proceedings are explained to demonstrate that the Regulation is not well drafted to accommodate care proceedings. There are significant flaws in drafting and cooperation between national authorities in organising the transfer of jurisdiction between Member State courts. The underlying approach of the Regulation in assessing the child’s best interests against a background of mutual trust between national family laws does not provide a coherent basis for the law. Mutual trust prevents the assessment of potential future outcomes for the individual child from foreign care proceedings, limiting the scope of any best interests assessment as an aspect of the rules of jurisdiction.