PIL instrument(s)
Brussels IIa
Case number and/or case name
LA v DG, JT, 6 children, X, Y, Z, A, B and C, by the Children’s Guardian [2013] EWHC 734 (Fam)
Details of the court
England and Wales, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Article 55
Paragraph a SubParagraph i
Paragraph a SubParagraph ii
Paragraph a SubParagraph iii
Paragraph b
Paragraph c
Paragraph d
Paragraph e
Article 56
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
01 February 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The care proceedings were in respect of 6 children who were removed from the care of their parents due to chronic neglect. The parents are Roma Slovakian. The father came to England in June 2010, and the mother and children followed in August 2010. On 28th October 2010, the children were made subject to a child protection plan. On 28th July 2011, the local authority made an application for care proceedings. All children moved into the Local Authority’s care on 5th August 2011. The English court exercised jurisdiction under Article 8 of Brussels IIa. The Slovakian Central Authority was involved, making written submissions and responding to a list of questions drafted by the advocates. However, the English court did not consider its proposed arrangement for the children’s care in Slovakia because the parents and the other parties did not request the return of the children to Slovakia.

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