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Family proceedings – Orders in family proceedings. The judge requested a district court in the Czech Republic to assume jurisdiction in relation to care proceedings concerning a 19-month-old boy in accordance with art 15(1) of Council Regulation (EC) 2201/2003. The local authority and the children's guardian appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that, having regard to its conclusions about the benefits of judicial continuity and the judge's erroneous formulation of legal policy, the preliminary issue as to art 15 of the Regulation should have been decided in favour of the English court retaining jurisdiction.
Family proceedings – Orders in family proceedings. The judge requested a district court in the Czech Republic to assume jurisdiction in relation to care proceedings concerning a 19-month-old boy in accordance with art 15(1) of Council Regulation (EC) 2201/2003. The local authority and the children's guardian appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that, having regard to its conclusions about the benefits of judicial continuity and the judge's erroneous formulation of legal policy, the preliminary issue as to art 15 of the Regulation should have been decided in favour of the English court retaining jurisdiction.
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