A And B (Children: Brussels II Revised: Article 15) V [2014] EWFC 40 (23 October 2014)

A And B (Children: Brussels II Revised: Article 15) V [2014] EWFC 40 (23 October 2014)

All three Article 15 questions are answered affirmatively: the children have a particular connection with the Czech Republic by nationality and former habitual residence; the Czech courts are better placed to assess family placement options and support, given their knowledge and proximity; and transfer is in the children's best interests, considering their heritage, family support, and the readiness of Czech authorities. Therefore, a request should be made for the Czech court to assume jurisdiction.

Citation
[2014] EWFC 40
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 / Application for Article 15 Transfer Request Under Brussels II Revised
Outcome
Request to Czech court for assumption of jurisdiction under Article 15 granted.
Legal Topics
Jurisdiction Under Brussels II Revised, Article 15 Transfer, Child Protection, Habitual Residence, Best Interests of the Child
Family Law International Private Law Jurisdiction Under Brussels II Revised Article 15 Transfer 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 / Application for Article 15 Transfer Request Under 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

All three Article 15 questions are answered affirmatively: the children have a particular connection with the Czech Republic by nationality and former habitual residence; the Czech courts are better placed to assess family placement options and support, given their knowledge and proximity; and transfer is in the children's best interests, considering their heritage, family support, and the readiness of Czech authorities. Therefore, a request should be made for the Czech court to assume jurisdiction.

Court Disposition

Request to Czech court for assumption of jurisdiction under Article 15 granted.

Orders

  • Request to the district court in the Czech Republic to assume jurisdiction under Article 15 of Brussels II Revised.
  • All relevant materials to be made available to the Czech court without delay.