PIL instrument(s)
Brussels IIa
Case number and/or case name
HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 20
Paragraph 1
Paragraph 2
Article 21
Paragraph 1
Article 23
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Paragraph e
Paragraph f
Paragraph g
Article 28
Paragraph 1
Paragraph 2
Article 47
Paragraph 1
Paragraph 2
Date of the judgement
15 June 2012
Appeal history
None
CJEU's case law cited by the court
Summary
The proceedings were in respect of a 17-year old child, SF. The child was born in Ireland. She was suffering an emotionally unstable disorder, severe depression and post-traumatic stress disorder. As from January 2006, the child was subject to a full care order. In January 2012, there was an escalation in child’s behaviour. It became necessary for the child to be treated in a special care unit. Since there was no such unit in Ireland, arrangements were made for the child to be placed for a treatment and therapy in special unit in England. An order to this effect was made by the Irish court. In addition, an urgent order under Article 20 was sought from the English court to allow the child to reside in England as well as to allow the staff of the English unit to use reasonable force, if necessary. The urgent order in question was granted on the day of hearing. Further, the enforcement of the Irish order was granted by the English court.

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