PIL instrument(s)

Case number and/or case name

The Mayor and Burgesses of the London Borough of Camden v PC, GM, YC, PC, KM (by their Children Guardian) [2013] EWHC 2336 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

31 July 2013

Appeal history

CJEU's case law cited by the court

Summary

On 18th February 2013, care proceedings were initiated in respect of 3 children. Interim care orders were made. The children and their mother arrived in England from Scotland. The mother had originally come from Venezuela. Following the death of the father of the first two children, the mother moved to Spain in 2005. In 2007, she started a relationship with a Scotsman. They married in 2008, and moved to Scotland. In Scotland, she gave birth to the third child. In 2009, the family separated. The mother obtain a residence order and permission to remove the child to Spain. The mother stayed in Scotland until she moved to London in February 2013, seeking emergency housing. The mother and the children stayed in refuge, but the mother returned to Scotland for a court hearing, leaving the children with another resident, allegedly. The local authority intervened. A preliminary issue arose as to whether the proceedings should be transferred to Scotland. Although Mr Justice Baker held that the Regulation could be applicable intra-UK, he was of the opinion that a transfer to the proceedings to Scotland would not be in the best interest of the children.