In the Matter of A And B (Children: Brussels II Revised: Article 15)

In the Matter of A And B (Children: Brussels II Revised: Article 15)

The children have a particular connection with the Czech Republic by nationality and former habitual residence; the Czech courts are much better placed to determine the issues due to their longstanding involvement with the family and practical ability to assess family placements; and transfer is in the children’s best interests, considering their heritage, identity, and the readiness of Czech authorities. All three Article 15 questions are answered affirmatively, justifying a request for transfer of jurisdiction.

Parties
Father of the Older Child (a): X; Mother of the Children: Y; Father of the Younger Child (b): Z; Local Authority: East Sussex County Council; Children’s Guardian: Carol Vicarage
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Care Proceedings (child Protection) / Application for Transfer of Jurisdiction Under Article 15, Brussels II Revised
Outcome
Request to transfer jurisdiction to the Czech court under Article 15 granted
Legal Topics
Jurisdiction Transfer, Article 15 Brussels II Revised, Child Protection, Habitual Residence, Best Interests of the Child
Family Law International Child Law Jurisdiction Transfer Article 15 Brussels II Revised Child Protection Habitual Residence Best Interests of the Child

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Parties

X

Father of the Older Child (a)

Y

Mother of the Children

Z

Father of the Younger Child (b)

East Sussex County Council

Local Authority

Carol Vicarage

Children’s Guardian

Procedural Posture

Care Proceedings (child Protection) / Application for Transfer of Jurisdiction Under Article 15, Brussels II Revised

Legal Issues

  1. 1 Whether to request the Czech court to assume jurisdiction under Article 15 of Brussels II Revised in relation to two Czech children subject to care proceedings in England

Ratio Decidendi

The children have a particular connection with the Czech Republic by nationality and former habitual residence; the Czech courts are much better placed to determine the issues due to their longstanding involvement with the family and practical ability to assess family placements; and transfer is in the children’s best interests, considering their heritage, identity, and the readiness of Czech authorities. All three Article 15 questions are answered affirmatively, justifying a request for transfer of jurisdiction.

Court Disposition

Request to transfer jurisdiction to the Czech court under Article 15 granted

Orders

  • The court will request the district court in the specified town, Czech Republic, to assume jurisdiction under Article 15 of Brussels II Revised in relation to the children A and B.