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Case C-400/10 McB [2010]

Facts

  • An Irish man and an English woman cohabited in Ireland and had 3 children
  • The woman moved back to England, taking their children with her

Issue

  • Could the man obtain a custody order for the children?

Decision

  • Up to the Member State (England)

Reasoning

  • Article 7 of the Charter of Fundamental Rights of the European Union does not prevent such an order being granted (repsect for private and family life)
  • Article 7  of the Charter of Fundamental Rights of the European Union is to be interpreted in accordance with Article 8 of the European Convention on Human Rights, which also did not prevent the father obtaining a custody order
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