For Russian speakers, www.savethefamily.eu will be a relief. For non-Russian speakers, know that the site was set up by Tatjana Zdanoka MEP’s assistant Lubova Hennuy who is now co-ordinating the event we are co-creating in the EU Parliament – to be watched from wherever you are: Children Screaming to be Heard – Bridging Incompatible Legal Systems across the European Economic Area – in the beginning of May.
The European Economic Area is the widest term to include
- the Council of Europe with 47 member states, including Russia
- the European Union of 28 member states
- the European Free Trade Association of 4 independent countries: Switzerland, Liechtenstein, Norway and Iceland.
The remarkable precedence was set by the Slovakian Government that was joined to the proceedings of the two Boor boys who were liberated shortly before their forced adoption, after 920 days in ‘care’. They are still traumatised — “in the best interest of the children”…
At the time, Sir James Munby made a significant judgement referring to another Slovak boy:
- Brussels II as BIIR – which decides which country has jurisdiction:
Assuming that the court does have jurisdiction, the judge in every care case with a European dimension will need to consider whether to exercise the court’s powers under Article 15 to request the court of another member State to assume jurisdiction where (a) the child has a particular connection (as defined in Article 15(3)) with that other State, (b) the other court would be better placed to hear the case, and (c) this is in the best interests of the child.
“to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments; …”