Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles

BRUSSELS II REVISED, ART 15: Re PC, YC and KM [2013] EWHC 2336 (Fam)

Sep 29, 2018, 21:11 PM
Slug : brussels-ii-revised-art-15-re-pc-yc-and-km-2013-ewhc-2336-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 7, 2013, 02:30 AM
Article ID : 103295

(Family Division, Baker J, 31 July 2013)

The mother originated from Venezuela where she gave birth to the two older children but when the father died while she was pregnant the family relocated to Spain. The mother commenced a relationship with a Scotsman and they eventually married and moved to Scotland. The mother claimed that after she became pregnant again her partner became violent. When they separated the mother was granted a residence order and permission to remove the children to Spain. She initially stayed in Scotland before travelling to London where the family was placed in temporary accommodation in a refuge. However, the mother returned to Scotland leaving the children in the care of someone at the refuge before they were taken into police protection and placed with foster carers.

The mother had supervised contact with the children but she had recently returned to Scotland and had not seen the children for 3 months. The local authority had concerns about her mental health. The father sought to care for his daughter while the mother applied under Art 15 of BIIR for a transfer of proceedings to the Scottish courts.

The orthodox view that BIIR did not apply to the determination of jurisdiction between the different units of the UK had recently been approved by the Court of Appeal in Re W-B (Family Jurisdiction: Appropriate Jurisdiction within the UK) [2012] EWCA Civ 592, [2013] 1 FLR 394.

While the wording of Art 66 of BIIR certainly left open the possibility that BIIR could be applied to jurisdictional disputes arising between the jurisdictions within the UK the approval of the Court of Appeal in Re W-B meant that Art 15 could not be used to transfer proceedings in this case.

In an appropriate case, where an English court was satisfied that the issue arising in care proceedings could and should be litigated in another part of the UK, it had the power, as part of its general case management powers, to stay the proceedings. In this case there were no grounds for staying or transferring the proceedings. Both the local authority and the children's guardian opposed any stay or transfer. There were at present no care proceedings in Scotland, and no suggestion that any local authority there was minded to start proceedings. The substance of the dispute between the mother and social services arose in England when the mother allegedly abandoned the children. 


Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from