E (A Child), Re

E (A Child), Re

The court had jurisdiction under Article 8(1) of BIIR as E was habitually resident in England and Wales. The Slovakian authorities did not contest jurisdiction and were kept informed in compliance with BIIR Article 55 and the Vienna Convention. A reporting restriction order was justified to protect E's welfare and...

Source-derived case information.

Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: E (A Child) by his children’s guardian; Fourth Respondent: Maternal Aunt
Jurisdiction
England and Wales
Judgment Date
14 January 2014
Procedural Posture
Care and Wardship Proceedings / Final Judgment With Public Guidance on Legal Issues
Outcome
Care order made placing E with his maternal aunt under local authority care; wardship discharged; reporting restriction order granted.
Legal Topics
Jurisdiction Under Brussels II Revised (biir), Consular Notification Under Vienna Convention, Reporting Restriction Orders, Habitual Residence, International Cooperation in Child Protection Cases
Family Law International Law Child Protection Jurisdiction Under Brussels II Revised (biir) Consular Notification Under Vienna Convention Reporting Restriction Orders Habitual Residence International Cooperation in Child Protection Cases

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

E (A Child) by his children’s guardian

Third Respondent

Maternal Aunt

Fourth Respondent

Procedural Posture

Care and Wardship Proceedings / Final Judgment With Public Guidance on Legal Issues

Legal Issues

  1. 1 Application of Brussels II Revised (BIIR) to care proceedings involving EU nationals
  2. 2 Obligations under Articles 36 and 37 of the Vienna Convention on Consular Relations in family proceedings
  3. 3 Principles and scope of reporting restriction orders in international child cases

Ratio Decidendi

The court had jurisdiction under Article 8(1) of BIIR as E was habitually resident in England and Wales. The Slovakian authorities did not contest jurisdiction and were kept informed in compliance with BIIR Article 55 and the Vienna Convention. A reporting restriction order was justified to protect E's welfare and anonymity, balancing public interest and the mother's freedom to speak, but restricting identification of E or his carers in English media.

Court Disposition

Care order made placing E with his maternal aunt under local authority care; wardship discharged; reporting restriction order granted.

Orders

  • E placed in care of local authority, to live with maternal aunt
  • Wardship discharged