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This application was heard before me on the 17 th April, 2007. The application was for judicial review pursuant to leave being granted by order dated 6 th November, 2006, for the following reliefs:
However, until the departure of the applicant with the children to Scotland in March, 2006 the notice party was not the guardian of the children.
Article 8 of the Council Regulation (EC) No. 2201/2003 referred to as the "Brussels II bis Regulation Concerning Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters and Matters Relating to Parental Responsibility Repealing Regulation (EC) No. 1347/2000 [2003] O.J. L338/1" sets out in Article 8 thereof the general jurisdiction of the court as follows:
Article 2 of the Regulation deals with definitions, in particular paragraph 7 defines with the concept of parental responsibility as follows:
The terms 'holder of parental responsibility', 'rights of custody' and 'rights of access' are defined in the following paragraphs 8, 9 and 10 as follows:
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