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An EU national, separated from her unmarried partner, a UK national, who is the mother of two very young UK national children, is precluded by order of the Family Court from taking the children out of the UK and thus from returning to her state of nationality, where she could access whatever social assistance is available to its nationals. Can she, in the light of the law as understood post Mirga, sucessfully assert a proportionality claim to establish a right to reside? Do the children have rights under Arts 20 and 21 TFEU, which are being infringed? If so, might their mother have a derivative right via the “effective citizenship” principle discussed in Sanneh?
Published 21 November 2017