Dorset Council v E (Article 15 B11R) (Rev 1)

Dorset Council v E (Article 15 B11R) (Rev 1)

The court refused transfer to Slovakia because the fact-finding hearing is best conducted in England where the relevant events and witnesses are located, the ongoing police investigation requires local jurisdiction, and the children's best interests require clarity on placement and assessment before any transfer....

Source-derived case information.

Parties
Applicant: Dorset Council; 1st Respondent: E (mother); 2nd Respondents: B, C and D; Intervener: The Central Authority of the Slovak Republic
Jurisdiction
England and Wales
Judgment Date
29 May 2019
Procedural Posture
Care Proceedings / Ruling on Article 15 Transfer Request
Outcome
Request for transfer to Slovakian courts under Article 15 refused.
Legal Topics
Jurisdiction Under Brussels II Revised, Article 15 Transfer, Habitual Residence, Child Welfare, Fact Finding, Cross Border Cooperation
Family Law International Child Protection Jurisdiction Under Brussels II Revised Article 15 Transfer Habitual Residence Child Welfare Fact Finding Cross Border Cooperation

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Parties

Dorset Council

Applicant

E (mother)

1st Respondent

B, C and D

2nd Respondents

The Central Authority of the Slovak Republic

Intervener

Procedural Posture

Care Proceedings / Ruling on Article 15 Transfer Request

Legal Issues

  1. 1 Whether proceedings should be transferred to Slovakian courts under Article 15 of Brussels II Revised
  2. 2 Whether the Slovakian court is better placed to hear the case
  3. 3 Whether transfer is in the children's best interests

Ratio Decidendi

The court refused transfer to Slovakia because the fact-finding hearing is best conducted in England where the relevant events and witnesses are located, the ongoing police investigation requires local jurisdiction, and the children's best interests require clarity on placement and assessment before any transfer. The balance of factors is firmly in favour of retaining jurisdiction at this stage.

Court Disposition

Request for transfer to Slovakian courts under Article 15 refused.

Orders

  • Request to transfer proceedings to Slovakia is refused.
  • Court Officer directed to register the request in the Central Register of Article 15 requests as per Guidance for the Judiciary April 2016.