LM (A Child), Re

LM (A Child), Re

It is in LM's best interests for the care proceedings to be transferred from Ireland to England and Wales under Article 15 BIIR. LM is not ordinarily resident in England and Wales, but the circumstances giving rise to the application arose in X County Council's area; therefore, X County Council is designated as the applicant authority. The transfer will be effected in accordance with BIIR and domestic rules, with X County Council to assume responsibility upon LM's arrival.

Parties
Interested Party: Health Service Executive of Ireland; Mother: AM; Father: MM; Interested Party: X County Council; Interested Party: Y County Council
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Public Law Child Care Proceedings (transfer of Jurisdiction) / Judgment on Article 15 BIIR Transfer Request
Outcome
request for transfer of proceedings accepted; jurisdiction assumed by English High Court; X County Council designated as applicant authority
Legal Topics
Jurisdiction Transfer Under Brussels II Revised (biir), Designation of Local Authority Under Children Act 1989, Public Law Care Proceedings, Habitual and Ordinary Residence, Cross Border Child Protection
Family Law Child Protection International Law Jurisdiction Transfer Under Brussels II Revised (biir) Designation of Local Authority Under Children Act 1989 Public Law Care Proceedings Habitual and Ordinary Residence Cross Border Child Protection

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Parties

Health Service Executive of Ireland

Interested Party

AM

Mother

MM

Father

X County Council

Interested Party

Y County Council

Interested Party

Procedural Posture

Public Law Child Care Proceedings (transfer of Jurisdiction) / Judgment on Article 15 BIIR Transfer Request

Legal Issues

  1. 1 Whether the English High Court should accept jurisdiction under Article 15 of BIIR for LM's care proceedings
  2. 2 Which local authority should be designated as applicant under s.31(8) Children Act 1989
  3. 3 How to effect the physical and legal transfer of LM and proceedings from Ireland to England and Wales

Ratio Decidendi

It is in LM's best interests for the care proceedings to be transferred from Ireland to England and Wales under Article 15 BIIR. LM is not ordinarily resident in England and Wales, but the circumstances giving rise to the application arose in X County Council's area; therefore, X County Council is designated as the applicant authority. The transfer will be effected in accordance with BIIR and domestic rules, with X County Council to assume responsibility upon LM's arrival.

Court Disposition

request for transfer of proceedings accepted; jurisdiction assumed by English High Court; X County Council designated as applicant authority

Orders

  • Proceedings transferred from Cavan District Court to Family Division of the High Court, England and Wales
  • X County Council designated as applicant authority for public law proceedings