B-C & Ors (Children)

B-C & Ors (Children)

The court found all three requirements of Article 15.1 satisfied: the children have a particular connection to Portugal, Portuguese courts are better placed to hear the case, and transfer is in the best interests of the children. The court exercised its discretion to request transfer of jurisdiction to Portugal.

Parties
Local Authority: Oldham Council; Mother: Mother; Father of Eldest Two Boys and Possibly Youngest Son: Mr C; Father of Third Son: Mr B; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
16 June 2014
Procedural Posture
Care Proceedings / Determination of Article 15 Transfer Request
Outcome
Request to Portuguese court for jurisdiction transfer under Article 15 granted.
Legal Topics
Jurisdiction Transfer, Child Welfare, Best Interests of the Child, Council Regulation (ec) No 2201/2003, Article 15
Family Law International Law Jurisdiction Transfer Child Welfare Best Interests of the Child Council Regulation (ec) No 2201/2003 Article 15

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Parties

Oldham Council

Local Authority

Mother

Mother

Mr C

Father of Eldest Two Boys and Possibly Youngest Son

Mr B

Father of Third Son

Guardian

Children's Guardian

Procedural Posture

Care Proceedings / Determination of Article 15 Transfer Request

Legal Issues

  1. 1 Should the court request transfer of jurisdiction to Portugal under Article 15 of Council Regulation (EC) No 2201/2003?
  2. 2 Do the children have a particular connection to Portugal?
  3. 3 Are Portuguese courts better placed to hear the case?

Ratio Decidendi

The court found all three requirements of Article 15.1 satisfied: the children have a particular connection to Portugal, Portuguese courts are better placed to hear the case, and transfer is in the best interests of the children. The court exercised its discretion to request transfer of jurisdiction to Portugal.

Court Disposition

Request to Portuguese court for jurisdiction transfer under Article 15 granted.

Orders

  • Request made to appropriate court in Portugal to accept jurisdiction over all four children under Article 15 of Council Regulation (EC) No 2201/2003.
  • Existing orders and directions remain in force until Portuguese court accepts jurisdiction.