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Updated 4 MOST IMPORTANT effects of BREXIT on Divorce and Family Law disputes concerning Ireland and the UK

Family law - Child Abduction and Enforcement of Custody Orders Act 1991 - Hague Convention on the Civil Aspects of International Child Abduction1980 - Council Regulation 2201/2003 - Grave risk - Habitually resident - Acquiescence

Family law - Child Abduction and Enforcement of Custody Orders Act 1991 - Art. 12 of the Hague Convention on the Civil Aspects of International Child Abduction1980 (Hague Convention) - Council Regulation 2201/2003 - Habitually resident - Grave risk - Welfare of child

4 MOST IMPORTANT effects of BREXIT on Divorce and Family Law disputes concerning Ireland and the UK

CHILD ABDUCTION CASES - urgent advice required 

Relocation case re: child where Brussels II Regulation interpreted by the Court of Justice of the European Union (CJEU) and judgement of the Supreme Court 19 July 2017

Family law - Child abduction - Child Abduction and Enforcement of Custody Orders Act 1991 - Hague Convention on the Civil Aspects of International Child Abduction - O. 28, r. 1 of the Rules of the Superior Courts - Amendment of pleadings - Discretionary remedy

Family - Guardianship of Infants Act, 1964 - Removal of child from one jurisdiction to another without consent - Jurisdiction of Court over custody - Habitual resident - Best interests of child  

Family - Child abduction - Convention on the Civil Aspects of International Child Abduction, 1980 (“Hague Convention”) - Regulation (EC) No 2201/2003(‘Brussels II bis Regulation’) - Wrongful removal - Acquiescence to retention - Delay -  Defence of “well settled” - Lack of subterfuge