B v C

B v C

It is necessary for D to have notice of the proceedings because he holds foreign parental responsibility for A, has acute legal interests in the outcome, and possesses Article 6 rights to a fair trial regarding the removal of parental responsibility. There is no obvious legal mechanism to divest D of parental responsibility, and the determination is primarily legal, not requiring disclosure of private information.

Parties
Applicant: B; Respondent: C; Intervenor: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Children Act 1989 and Hague Convention Proceedings / Case Management Decision on Notice and Adjournment
Outcome
Notice of proceedings to be given to D; adjournment granted.
Legal Topics
Parental Responsibility, Jurisdiction, Notice Requirements, Children Act 1989, Hague Convention 1996, Fair Trial Rights
Family Law International Law Human Rights Parental Responsibility Jurisdiction Notice Requirements Children Act 1989 Hague Convention 1996 +1 more

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Parties

B

Applicant

C

Respondent

The Secretary of State for Justice

Intervenor

Procedural Posture

Children Act 1989 and Hague Convention Proceedings / Case Management Decision on Notice and Adjournment

Legal Issues

  1. 1 Whether notice of proceedings should be given to a person with foreign parental responsibility under Article 16 of the 1996 Hague Convention
  2. 2 Whether the court can terminate foreign parental responsibility under Children Act 1989
  3. 3 Whether it is necessary to dispense with notice under FPR r. 12.4(2A)

Ratio Decidendi

It is necessary for D to have notice of the proceedings because he holds foreign parental responsibility for A, has acute legal interests in the outcome, and possesses Article 6 rights to a fair trial regarding the removal of parental responsibility. There is no obvious legal mechanism to divest D of parental responsibility, and the determination is primarily legal, not requiring disclosure of private information.

Court Disposition

Notice of proceedings to be given to D; adjournment granted.

Orders

  • Attempts to locate D and give him notice of proceedings, subject to completion before the final hearing.
  • Disclosure orders against public agencies may be considered to facilitate locating D.