DN GN GRN CMN (Children), Re (No. 1) [2012] EWHC 4278 (Fam) (28 November 2012)

DN GN GRN CMN (Children), Re (No. 1) [2012] EWHC 4278 (Fam) (28 November 2012)

The three younger children remained habitually resident in England at the time proceedings were commenced, as evidenced by their continued integration into English housing, schooling, and health systems, lack of permanent relocation to France, and the parents' actions and statements. Therefore, the English court has jurisdiction under Article 8 BIIR. The threshold for significant harm is met for all children due to the parents' convictions for assault and child cruelty and their failure to accept responsibility or show remorse.

Citation
[2012] EWHC 4278 (Fam)
Parties
Applicant: A Local Authority; 1st Respondent (mother): MF; 2nd Respondent (mother of Dn): CY; 3rd Respondent (father): RN; Child (subject): DN; Child (subject): GN; Child (subject): GRN; Child (subject): CMN; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
28 November 2012
Procedural Posture
Care Proceedings (public Law) / Jurisdictional Determination and Threshold Findings
Outcome
Jurisdiction affirmed; threshold findings made for all children.
Legal Topics
Habitual Residence, Jurisdiction Under Brussels II Revised (biir), Significant Harm Threshold, Child Welfare, Cross Border Child Protection
Family Law International Private Law Child Protection Habitual Residence Jurisdiction Under Brussels II Revised (biir) Significant Harm Threshold Child Welfare Cross Border Child Protection

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Parties

A Local Authority

Applicant

MF

1st Respondent (mother)

CY

2nd Respondent (mother of Dn)

RN

3rd Respondent (father)

DN

Child (subject)

GN

Child (subject)

GRN

Child (subject)

CMN

Child (subject)

Children's Guardian

Guardian

Procedural Posture

Care Proceedings (public Law) / Jurisdictional Determination and Threshold Findings

Legal Issues

  1. 1 Whether the English court has jurisdiction over care proceedings for the three younger children under BIIR
  2. 2 Whether the children were habitually resident in England or France at the relevant time
  3. 3 Whether the threshold for significant harm is met for all children

Ratio Decidendi

The three younger children remained habitually resident in England at the time proceedings were commenced, as evidenced by their continued integration into English housing, schooling, and health systems, lack of permanent relocation to France, and the parents' actions and statements. Therefore, the English court has jurisdiction under Article 8 BIIR. The threshold for significant harm is met for all children due to the parents' convictions for assault and child cruelty and their failure to accept responsibility or show remorse.

Court Disposition

Jurisdiction affirmed; threshold findings made for all children.

Orders

  • The English court has jurisdiction to determine the care proceedings for all four children.
  • Findings of significant harm and risk of harm are made in relation to all children as per the Schedule of Allegations.