B v C & Anor

B v C & Anor

The child was habitually resident in England and Wales at the time proceedings were commenced, but the Hungarian authorities are better placed to assess the child's best interests due to their prior involvement, available evidence, language, and family connections. Therefore, the English court requests the Hungarian authorities to assume jurisdiction.

Parties
Applicant: B; Respondent Mother: C; Respondent Father: D; Child: A
Jurisdiction
England and Wales
Judgment Date
17 June 2024
Procedural Posture
Child Protection / Care Proceedings / Jurisdictional Determination and Transfer Request
Outcome
Jurisdiction found in England and Wales; request for transfer to Hungary granted
Legal Topics
Habitual Residence, Jurisdiction, Transfer of Proceedings, Child Protection, Best Interests of the Child
Family Law International Child Law Habitual Residence Jurisdiction Transfer of Proceedings Child Protection Best Interests of the Child

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Parties

B

Applicant

C

Respondent Mother

D

Respondent Father

A

Child

Procedural Posture

Child Protection / Care Proceedings / Jurisdictional Determination and Transfer Request

Legal Issues

  1. 1 Whether the child is habitually resident in England and Wales for purposes of Article 5 of the Hague Convention 1996
  2. 2 Whether the Hungarian authorities are better placed to assess the best interests of the child and should be requested to assume jurisdiction under Article 8

Ratio Decidendi

The child was habitually resident in England and Wales at the time proceedings were commenced, but the Hungarian authorities are better placed to assess the child's best interests due to their prior involvement, available evidence, language, and family connections. Therefore, the English court requests the Hungarian authorities to assume jurisdiction.

Court Disposition

Jurisdiction found in England and Wales; request for transfer to Hungary granted

Orders

  • The English court requests the Hungarian authorities to assume jurisdiction to take such protective measures as necessary through the International Child Abduction and Contact Unit (ICACU).