PIL instrument(s)

Case number and/or case name

Bridgend County Borough Council v G M & Anor [2012] EWHC 3118 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

03 October 2012

Appeal history

CJEU's case law cited by the court

Summary

The proceedings were in relation to care arrangements for a child, SA. The child was born in Spain in April 2012. The mother and the father were both English. The mother had an extensive history of mental health issue. The mother and the father had a volatile and aggressive relationship. In these circumstances, the Local Authority got involved. The mother left England, and gave birth to their child in Spain. In September 2012, following the birth of the child, the local authority made an application for a care order. The English court assumed jurisdiction. In this context, Mr Justice Moor held: “34 I am quite satisfied that the mother has not established habitual residence in Spain. She did not make a considered decision to make a new life for herself in Spain. She fled this country for the sole reason that she was intent on avoiding her baby being taken into care. On her case, she left only some eleven days after she was told that the Local Authority intended to take care proceedings following the baby's birth. I am quite satisfied that she had no intention to leave this country at all until then. 35 This was not a considered move to Spain. It was a desperate flight to attempt to get out of the reach of the Local Authority. The mother and father had no connections with Spain, other than having spent some holidays there and the mother having studied Spanish GCSE. The father makes it clear that he was not intending to move there permanently. I find that the mother's intentions were exactly the same. They had not previously discussed moving to Spain. They had not spoken to anyone about it. They had not made any preparations in advance, such as studying the language further or obtaining jobs there. They just bolted there to avoid the care proceedings. Although the mother says that she established a permanent home there, it is important to remember that she abandoned it as soon as she felt threatened by Social Services.” [34-35]