B v N (No 2) (Art 7 and Transfer of Jurisdiction)

B v N (No 2) (Art 7 and Transfer of Jurisdiction)

The English court retains jurisdiction under Article 7(1) of the 1996 Hague Convention, but Article 8(1) remains applicable, allowing transfer of jurisdiction to Germany as the German court is better placed to assess X's best interests given his strong connection, current residence, and expressed wishes.

Parties
Applicant: B; Respondent: N
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Judgment After Hearing and Supplemental Submissions
Outcome
Jurisdiction transferred to German court; English proceedings stayed and to be dismissed if German court accepts jurisdiction.
Legal Topics
Jurisdiction Under Hague Conventions, Transfer of Jurisdiction, Child Welfare, Habitual Residence, Lis Pendens
Family Law International Child Abduction Jurisdiction Under Hague Conventions Transfer of Jurisdiction Child Welfare Habitual Residence Lis Pendens

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

B

Applicant

N

Respondent

Procedural Posture

Family / Judgment After Hearing and Supplemental Submissions

Legal Issues

  1. 1 Whether the English court can transfer jurisdiction to the German court under Article 8(1) of the 1996 Hague Convention while retaining jurisdiction under Article 7(1)
  2. 2 Which court is better placed to assess the best interests of the child X

Ratio Decidendi

The English court retains jurisdiction under Article 7(1) of the 1996 Hague Convention, but Article 8(1) remains applicable, allowing transfer of jurisdiction to Germany as the German court is better placed to assess X's best interests given his strong connection, current residence, and expressed wishes.

Court Disposition

Jurisdiction transferred to German court; English proceedings stayed and to be dismissed if German court accepts jurisdiction.

Orders

  • Request to German court to assume jurisdiction for measures of protection for X.
  • Stay imposed on English proceedings under Part II of the Children Act 1989, to be dismissed if German court accepts jurisdiction.