Kent County Council v C & Ors

Kent County Council v C & Ors

The English court lacks substantive jurisdiction as the children were not habitually resident in England at the time proceedings were issued. However, under Article 20 BIIR, the court may make interim protective orders to safeguard the children until arrangements are made for their transfer to Slovakian authorities. Both parents have failed to protect the children from significant harm, and the only way to protect their welfare is to maintain their placement with foster carers under interim care orders pending transfer.

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, Child Welfare, Protective Measures, International Transfer of Proceedings
Family Law Child Protection International Law Habitual Residence Jurisdiction Under Brussels II Revised (biir) Interim Care Orders Child Welfare Protective Measures +1 more

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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 continue care proceedings for children not habitually resident in England
  2. 2 Whether interim protective measures should be ordered under Article 20 BIIR
  3. 3 Whether the children should remain in foster care pending transfer to Slovakian authorities

Ratio Decidendi

The English court lacks substantive jurisdiction as the children were not habitually resident in England at the time proceedings were issued. However, under Article 20 BIIR, the court may make interim protective orders to safeguard the children until arrangements are made for their transfer to Slovakian authorities. Both parents have failed to protect the children from significant harm, and the only way to protect their welfare is to maintain their placement with foster carers under interim care orders pending transfer.

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 Slovak Central Authority regarding arrangements for return to Slovakia.