March 07
2021
Trajan Shipley
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23rd February 2021
Justice & Litigation

AG Rantos: EU courts retain jurisdiction in parental dispute where child is wrongfully removed to non-EU country and acquires habitual residence

Advocate General Rantos has delivered his Opinion in MCP (C-603/20 PPU), advising the Court of Justice to rule that under Article 10 of the Brussels IIa Regulation (2201/2003), Member States' courts retain jurisdiction without any time limit in cases of parental disputes where the child, who was habitually resident in the Member State concerned, is wrongfully removed to a non-EU country in which he or she acquires habitual residence.

The question in the present case is whether Article 10 of the Brussels IIa Regulation applies to non-EU countries in order to retain jurisdiction for the courts of a Member State. Under such provision, in case of a wrongful removal or retention of a child, the courts of the Member State in which he or

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