A v D & Ors

A v D & Ors

All three questions under Article 15 are answered affirmatively: the child has a particular connection with Poland, the Polish court is better placed to hear the application, and transfer is in the child's best interests given the mother's refusal to participate in English proceedings and the pragmatic reality that the child will not be returned.

Parties
Applicant: A; First Respondent: D; Second Respondent (child, by Guardian): ED
Jurisdiction
England and Wales
Judgment Date
09 December 2014
Procedural Posture
Family Law Parental Responsibility and Contact / Ruling on Transfer of Jurisdiction Under Article 15 of Brussels II Revised
Outcome
Request to Polish court to assume jurisdiction under Article 15(5) of Brussels II Revised.
Legal Topics
Jurisdiction Transfer, Parental Responsibility, Child Arrangements, Child Abduction, Best Interests of the Child
Family Law International Child Law Jurisdiction Transfer Parental Responsibility Child Arrangements Child Abduction Best Interests of the Child

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Parties

A

Applicant

D

First Respondent

ED

Second Respondent (child, by Guardian)

Procedural Posture

Family Law Parental Responsibility and Contact / Ruling on Transfer of Jurisdiction Under Article 15 of Brussels II Revised

Legal Issues

  1. 1 Whether the court should exercise its power under Article 15 of Brussels II Revised to transfer the case to Poland
  2. 2 Whether the Polish court is better placed to hear the father's application for parental responsibility and contact
  3. 3 Whether transfer is in the best interests of the child

Ratio Decidendi

All three questions under Article 15 are answered affirmatively: the child has a particular connection with Poland, the Polish court is better placed to hear the application, and transfer is in the child's best interests given the mother's refusal to participate in English proceedings and the pragmatic reality that the child will not be returned.

Court Disposition

Request to Polish court to assume jurisdiction under Article 15(5) of Brussels II Revised.

Orders

  • Request to Polish court (district court in Ruda Slaska) to assume jurisdiction via Central Authorities.
  • Ancillary directions for translation of judgment and order and other documents.