The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under Article 15(2)(a) of the Regulation for an order requesting that the Hungarian court should assume jurisdiction with respect to these proceedings. The local authority and the Children’s Guardian opposed the making of such an order.
Held: The court acceeded to the request for the transfer under article 15. Having considered the several factors pointing either way, As to delay, although it was inevitable that there would be some further delay in settling the children’s future if the case were transferred, and he did not know what the extent of that would be, it had to been seen in the context of the significant delay so far, much of which was attributable to the local authority. He was not therefore persuaded that significant weight should be attached to it. However, the Hungarian court was better placed to hear the case. He attached particular weight to the potential for contact with siblings.
Bellamy HHJ
[2014] EWFC 45
Bailii
Council Regulation (EC) 2201/2003
England and Wales
Citing:
Cited – In re J (A Child: Brussels II revised: Article 15: Practice and Procedure) FC 29-Oct-2014
Application to transfer children proceedings to anoher member state (Hungary)
Held: The order should be made. A Hungarian court might better be able to facilitate contact with siblings living there. . .
Cited by:
At FC – Re N (Children : Adoption: Jurisdiction) CA 2-Nov-2015
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
At FC – In Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .
Lists of cited by and citing cases may be incomplete.
Children, European
Updated: 24 December 2021; Ref: scu.539730