International considerations in public law cases

International considerations in public law cases

Family analysis: Considering the rapid increase of public law cases with an international element, Carolina Marín Pedreños, a partner at Dawson Cornwell, says the decision in Re CB highlights the importance of taking into consideration the nationality of the parties in family cases.

Original news

Re CB (a child) (placement order: Brussels II Regulation) (Central Authority of the Republic of Latvia intervening) [2015] EWCA Civ 888, [2015] All ER (D) 72 (Aug)

The Court of Appeal dismissed a mother's appeal against the rejection of applications made by her in the present proceedings by which she sought to challenge the care and placement orders made in respect of her daughter who had been placed with prospective adopters. The court decided that the judge who had made the orders had been justified in doing so for the reasons he had given.

What were the key issues in this case?

The appeal concerned a young Latvian child, habitually resident in this jurisdiction since her birth, placed in the care of the local authority since March 2010 and with prospective adopters in May 2013.

Moylan J had refused the mother's applications for:

  • transfer of the proceedings to Latvia pursuant to Council Regulation (EC) 2201/2003, art 15 (Brussels II bis)
  • permission to oppose the adoption order under section 47(5) of the Adoption and Children Act 2002 (ACA 2002)
  • contact with the child

Permission to appeal may have been granted to the appellant mother as a result of the representations made by the Republic of Latvia to the House of Commons (a letter from the Republic of Latvia to the Speaker of the House of Commons is annexed to the judgment) and to the European Parliament about our domestic adoption law.

The key issue is the guidance provided by Sir James Munby, President of the Family Division, on the interaction between domestic public law legislation and international private and public legislation in the form of Brussels II bis, the Vienna Convention on Diplomatic Relations of 1961 (the Vienna Convention) and the European

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