S (Care proceedings: Article 15 second transfer)

S (Care proceedings: Article 15 second transfer)

The court held that although Article 15 does not prohibit a second transfer back to the original court, the Republic of Ireland is not better placed to hear the case, and transfer is not in S's best interests. The English court is better placed due to existing evidence, ongoing assessments, and the ability to make all necessary orders for S's welfare. Transfer would cause delay and limit S's placement options, contrary to her best interests.

Parties
Applicant/mother: M; Father/supporter of Application: F; Respondent: Local Authority; Subject Child: S
Jurisdiction
England and Wales
Judgment Date
29 October 2018
Procedural Posture
Care Proceedings (jurisdiction Transfer) / Judgment on Application for Transfer of Jurisdiction Under Article 15, Council Regulation (ec) No. 2201/2003
Outcome
Application for transfer of jurisdiction refused.
Legal Topics
Jurisdiction Transfer, Best Interests of the Child, Council Regulation (ec) No. 2201/2003 (brussels Iia), Care Proceedings
Family Law International Private Law Jurisdiction Transfer Best Interests of the Child Council Regulation (ec) No. 2201/2003 (brussels Iia) Care Proceedings

Case Brief

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Parties

M

Applicant/mother

F

Father/supporter of Application

Local Authority

Respondent

S

Subject Child

Procedural Posture

Care Proceedings (jurisdiction Transfer) / Judgment on Application for Transfer of Jurisdiction Under Article 15, Council Regulation (ec) No. 2201/2003

Legal Issues

  1. 1 Whether Article 15 of Brussels IIa permits a second transfer of jurisdiction back to the original court
  2. 2 Whether the child S has a particular connection with the Republic of Ireland
  3. 3 Whether the courts of the Republic of Ireland are better placed to hear the case

Ratio Decidendi

The court held that although Article 15 does not prohibit a second transfer back to the original court, the Republic of Ireland is not better placed to hear the case, and transfer is not in S's best interests. The English court is better placed due to existing evidence, ongoing assessments, and the ability to make all necessary orders for S's welfare. Transfer would cause delay and limit S's placement options, contrary to her best interests.

Court Disposition

Application for transfer of jurisdiction refused.

Orders

  • The application by M for transfer of jurisdiction to the Republic of Ireland is refused.
  • Jurisdiction remains with the courts of England and Wales.