D (A Child)

D (A Child)

The Czech court is better placed to investigate post-fact-finding events, assess parental change, and promote D's Czech/Roma heritage. Transfer is in D's best interests given the parents' and sibling's residence in Czech Republic, ongoing supervision, and language. Delay is outweighed by the need for the child's future to be determined by the court of his homeland unless the connection is irrelevant.

Parties
Applicant: The Local Authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: D (a Child)
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Care and Placement (adoption) Order / Preliminary Issue—application for Transfer Request Under Article 15 of Brussels II Revised
Outcome
Request to Czech court for transfer under Article 15 granted; permission to appeal granted to Local Authority and Guardian.
Legal Topics
Article 15 Transfer, Care Order, Adoption, Jurisdictional Competence, Best Interests of the Child, EU Law
Family Law International Child Protection Jurisdiction Article 15 Transfer Care Order Adoption Jurisdictional Competence Best Interests of the Child +1 more

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Parties

The Local Authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

D (a Child)

3rd Respondent

Procedural Posture

Care and Placement (adoption) Order / Preliminary Issue—application for Transfer Request Under Article 15 of Brussels II Revised

Legal Issues

  1. 1 Whether the court should request transfer of public law proceedings concerning D (a child) to the Czech Republic under Article 15 of Brussels II Revised
  2. 2 Whether the Czech court is better placed to hear the case
  3. 3 Whether transfer is in the best interests of the child

Ratio Decidendi

The Czech court is better placed to investigate post-fact-finding events, assess parental change, and promote D's Czech/Roma heritage. Transfer is in D's best interests given the parents' and sibling's residence in Czech Republic, ongoing supervision, and language. Delay is outweighed by the need for the child's future to be determined by the court of his homeland unless the connection is irrelevant.

Court Disposition

Request to Czech court for transfer under Article 15 granted; permission to appeal granted to Local Authority and Guardian.

Orders

  • Request made to court exercising public child protection jurisdiction in Novy Jiĉin, Czech Republic to accept transfer of proceedings concerning D.
  • If Czech court does not respond affirmatively within six weeks, case proceeds in UK.