PIL instrument(s)

Case number and/or case name

LA v ML, MQ, SP, MP (Through his Children's Guardian) v The Centre for the International Protection of Children and Youth [2013] EWHC 2063 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

12 July 2013

Appeal history

CJEU's case law cited by the court

Summary

On 4th March 2013, the care proceedings were initiated in respect of a child who was born in Slovakia on 26th June 2008. The mother and the father were both from Slovakia. They separated shortly after the child was born. The residence of the child was granted to the mother; contact arrangements were made. On 28th May 2012, the mother came to England, starting a relationship with the child’s step-father. On 1st March 2013, a referral to the police was made by the School as some scratches, bruises and broken skin on the back of the child were noticed. An emergency protection order was granted on 4th March 2013. On 26th March 2013, the mother left the UK. On 16th April 2013, the Slovakian Central Authority intervened. The case was transferred to the English High Court. On 21st June 2013, a jurisdiction hearing was held. Mr Justice Theis DBE held that the English court had jurisdiction. Further hearings took place in July 2013. The English High Court renewed the interim care order in favour of the local authority, and made an Article 15 request for the proceedings to be transferred to Slovakia. In this context, Mrs Justice Theis DBE held: “42 Turning to the question of the Article 15 transfer there is, in reality, now no real issue about this between the parties. Whilst at the earlier hearing the balance of the relevant considerations tipped in favour of the proceedings remaining here, that was heavily influenced by the availability of factual witnesses here and the benefits of this court, with substantive jurisdiction, determining the factual foundation of the proceedings without delay. Now that has been done and with the additional information that has helpfully been provided by the Slovakian Central Authority I am satisfied that the balance now tips in favour of the Article 15 request being made.” [42]