A Local Authority v MM & Ors

A Local Authority v MM & Ors

The application for transfer to Romania was dismissed because the respondents failed to discharge the burden of showing that the Romanian court would provide genuine and specific added value, especially given the lateness of the application and lack of evidence about Romanian procedures. Additionally, transfer would be seriously detrimental to the children's welfare, stability, and continuity of care.

Parties
Applicant: A Local Authority; 1st Respondent: MM; 2nd Respondent: NM; 3rd Respondent: MC; 4th Respondent: CM; 5th to 8th Respondents: W, X, Y and Z (Children acting through their Guardian)
Jurisdiction
England and Wales
Judgment Date
07 October 2020
Procedural Posture
Care Proceedings / Application for Transfer Under Article 15 of Brussels Iia
Outcome
Application dismissed
Legal Topics
Jurisdiction Transfer, Child Welfare, Brussels Iia, Hague Convention, Care Orders
Family Law International Child Law Jurisdiction Transfer Child Welfare Brussels Iia Hague Convention Care Orders

Case Brief

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Parties

A Local Authority

Applicant

MM

1st Respondent

NM

2nd Respondent

MC

3rd Respondent

CM

4th Respondent

W, X, Y and Z (Children acting through their Guardian)

5th to 8th Respondents

Procedural Posture

Care Proceedings / Application for Transfer Under Article 15 of Brussels Iia

Legal Issues

  1. 1 Whether the welfare stage of care proceedings should be transferred to Romania under Article 15 of Brussels IIa
  2. 2 Whether the Romanian court is 'better placed' to hear the case
  3. 3 Whether transfer is in the best interests of the children

Ratio Decidendi

The application for transfer to Romania was dismissed because the respondents failed to discharge the burden of showing that the Romanian court would provide genuine and specific added value, especially given the lateness of the application and lack of evidence about Romanian procedures. Additionally, transfer would be seriously detrimental to the children's welfare, stability, and continuity of care.

Court Disposition

Application dismissed

Orders

  • Article 15 application for transfer to Romania is dismissed