FE v MR & Ors

The English court is better placed to evaluate the children's emotional needs and wishes due to their strong antipathy to returning to Spain, their habitual residence in England, and the procedural advantages of representation by a guardian. Transfer is in the children's best interests to avoid emotional harm and facilitate thorough welfare analysis.

Parties: Applicant: FE; Respondent: MR; Respondent: AE; Respondent: JE
Jurisdiction: England and Wales
Judgment Date: 14 September 2017
Procedural Posture: Family / Ruling on Article 15 Transfer Request
Outcome: Request to Spanish court for transfer of proceedings under Article 15 submitted; interim protective orders continued.
Legal Topics: Jurisdiction, Parental Responsibility, Child Welfare, Brussels IIA, Article 15 Transfer

Family Law International Child Law Jurisdiction Parental Responsibility Child Welfare Brussels IIA Article 15 Transfer

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Applicant

Respondent

Procedural Posture

Family / Ruling on Article 15 Transfer Request

Legal Issues

1 Whether the English court should submit a request to the Spanish court under Article 15 of Brussels IIA for transfer of proceedings concerning the children
2 Jurisdiction of English and Spanish courts over the children
3 Best interests of the children in relation to transfer

Ratio Decidendi

Court Disposition

Request to Spanish court for transfer of proceedings under Article 15 submitted; interim protective orders continued.

Orders

Request to Spanish court under Article 15 for transfer of proceedings to English court
Renewal of order preventing father from removing children from jurisdiction or care of mother without her agreement