Change of residence of a child during the lawsuit and perpetuatio iurisdictionis. Purpose to the CJEU Judgement of 14th July 2022, case C-572/21

Abstract

When two different ways of resolving the question of how a change of habitual residence affects international jurisdiction in matters of child protection (perpetuation of jurisdiction in Brussels II or transfer of jurisdiction in the 1996 Hague Convention on the Protection of Children) come into contact, it is necessary to opt, and that is what the judgment of the CJ of 14 July 2022 does, anchoring its answer in reasons specific to the law of treaties, and consequently making the Convention solution prevail.