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An Opinion of an Advocate General of the European Union Court of Justice (CJEU) seems to set out a potentially significant widening of jurisdiction in EU family law finance cases, and perhaps even divorce cases, based on the supremacy of the best interests of the child.  If followed by the CJEU, and such opinions are often although not always followed (albeit technically they make their own decision rather than following), it could have very wide consequences. 

 

In essence it says that rather than the first to issue principle, lis pendens, in the EU Maintenance Regulation (MR), the child’s best interests should determine jurisdiction by the criteria of proximity.

 

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