Kent CC v C & Ors [2016] EWFC 72 (25 May 2016)

Kent CC v C & Ors [2016] EWFC 72 (25 May 2016)

The English court lacks substantive jurisdiction as the children were not habitually resident in England at the commencement of proceedings; however, interim protective measures under Article 20 BIIR are justified due to the risk of significant harm, requiring the children to remain in foster care until arrangements for their safe return to Slovakia are made.

Citation
[2016] EWFC 72
Parties
Applicant: Kent CC; 1st Respondent: C; 2nd Respondent: D; 3rd & 4th Respondents: A and B (by their Children's Guardian, Ms Elaine Mitchell)
Jurisdiction
England and Wales
Judgment Date
25 May 2016
Procedural Posture
Care Proceedings / Interim Judgment on Jurisdiction and Protective Measures
Outcome
Interim care orders continued under Article 20 BIIR; proceedings to be transferred to Slovakia.
Legal Topics
Habitual Residence, Jurisdiction Under Brussels II Revised (biir), Interim Care Orders, Significant Harm, Protective Measures, Transfer of Proceedings
Family Law International Child Protection Habitual Residence Jurisdiction Under Brussels II Revised (biir) Interim Care Orders Significant Harm Protective Measures Transfer of Proceedings

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Parties

Kent CC

Applicant

C

1st Respondent

D

2nd Respondent

A and B (by their Children's Guardian, Ms Elaine Mitchell)

3rd & 4th Respondents

Procedural Posture

Care Proceedings / Interim Judgment on Jurisdiction and Protective Measures

Legal Issues

  1. 1 Whether the English court has jurisdiction under BIIR to make substantive orders regarding the children
  2. 2 Whether interim protective measures should be made under Article 20 BIIR
  3. 3 Whether the threshold for interim care orders under s.38 Children Act 1989 is met

Ratio Decidendi

The English court lacks substantive jurisdiction as the children were not habitually resident in England at the commencement of proceedings; however, interim protective measures under Article 20 BIIR are justified due to the risk of significant harm, requiring the children to remain in foster care until arrangements for their safe return to Slovakia are made.

Court Disposition

Interim care orders continued under Article 20 BIIR; proceedings to be transferred to Slovakia.

Orders

  • Children to remain in interim care of the Local Authority placed with foster carers.
  • Directions for liaison with Slovakian authorities regarding arrangements for return.