D, E, F and G (Children : Art 15 - transfer of the proceedings) [2017] EWFC B82 (19 September 2017)

D, E, F and G (Children : Art 15 - transfer of the proceedings) [2017] EWFC B82 (19 September 2017)

The court held that the criteria for transfer under Article 15 were not met as the English court was best placed to determine the issues and transfer would not be in the best interests of the children.

Citation
[2017] EWFC B82
Parties
Child: D; Child: E; Child: F; Child: G
Jurisdiction
England and Wales
Judgment Date
19 September 2017
Procedural Posture
Family Law Children Proceedings / Application for Transfer of Proceedings Under Article 15
Outcome
application for transfer refused
Legal Topics
Transfer of Proceedings, Article 15 Brussels II Revised, Jurisdiction in Child Cases
Family Law International Law Transfer of Proceedings Article 15 Brussels II Revised Jurisdiction in Child Cases

Case Brief

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Parties

D

Child

E

Child

F

Child

G

Child

Procedural Posture

Family Law Children Proceedings / Application for Transfer of Proceedings Under Article 15

Legal Issues

  1. 1 Whether proceedings concerning the children should be transferred to another Member State under Article 15 of Brussels II Revised

Ratio Decidendi

The court held that the criteria for transfer under Article 15 were not met as the English court was best placed to determine the issues and transfer would not be in the best interests of the children.

Court Disposition

application for transfer refused

Orders

  • proceedings to continue in the England and Wales Family Court