PIL instrument(s)

Case number and/or case name

Health Service Executive of Ireland v AM (Mother), MM (Father), ‘X’ County Council, ‘Y’ County Council [2013] EWHC 646 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

27 March 2013

Appeal history

CJEU's case law cited by the court

Summary

The care proceedings were in respect of a child, LM, who was born in Ireland. The parents were British. In June 2012, the mother and the father traveled from England to Ireland where, in July 2012, the mother gave birth to her fourth child. The mother had hoped that the local authorities in Ireland would not start public law proceedings for her new-born child. However, in the light of the mother’s previous history, Health Service Executive of Ireland commenced care proceedings. The relevant public authority in England was contacted/consulted. In October/November 2012, the mother returned to England. A request under Article 15 of Brussels IIa for transferring the proceedings from Ireland to England was granted by the English High Court. Mr Justice Cobb held: “38 […] I am wholly satisfied that it is in the best interests of LM that the public law proceedings should indeed be transferred to this jurisdiction. It follows that the courts of England and Wales will accept the request for transfer of the proceedings, and jurisdiction to determine the case concerning LM. 39 It is unfortunate that this request for transfer has not been determined more swiftly. I recognise that the mother herself made individual efforts to accelerate the process. Where an Article 15 request is made, it would be helpful, in my judgment, for the requesting State to communicate such a request at once through the offices of the International Judicial Network; further or alternatively, the court in the requesting State should invite one of the parties in that case (in a public law matter, the public authority, I suggest) to drive along the request, and seek directions for the judicial determination of such a request, in the requested State. These routes may prove to be more effective, and speedy, than the alternative of communicating the request through the Central Authorities designated by BIIR.” [38-39]