B v C & Anor [2024] EWFC 138 (B) (18 April 2024)

The child is habitually resident in England and Wales by a fine balance, but the Hungarian authorities are better placed to assess the child's best interests due to prior involvement, language, and family connections; therefore, a request for transfer of jurisdiction to Hungary is made.

Citation: [2024] EWFC 138 (B)
Parties: Applicant: B; Respondent Mother: C; Respondent Father: D; Child: A
Jurisdiction: England and Wales
Judgment Date: 18 April 2024
Procedural Posture: Care Proceedings / Ex Tempore Judgment
Outcome: Request for transfer of jurisdiction to Hungarian authorities under Article 8 of the Hague Convention 1996.
Legal Topics: Habitual Residence, Jurisdiction, Transfer of Proceedings, Hague Convention 1996, Child Welfare

Family Law International Child Protection Habitual Residence Jurisdiction Transfer of Proceedings Hague Convention 1996 Child Welfare

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Parties

Applicant

Respondent Mother

Respondent Father

Child

Procedural Posture

Care Proceedings / Ex Tempore Judgment

Legal Issues

1 Is the child habitually resident in England and Wales for purposes of Article 5 of the Hague Convention 1996?
2 Should the Court request the Hungarian authorities to assume jurisdiction under Article 8 of the Hague Convention 1996?

Ratio Decidendi

Court Disposition

Request for transfer of jurisdiction to Hungarian authorities under Article 8 of the Hague Convention 1996.

Orders

Request to Hungarian authorities via ICACU to assume jurisdiction and take protective measures as necessary.