PIL instrument(s)

Case number and/or case name

In the Matter of E (A Child) [2014] EWHC 6 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

14 January 2014

Appeal history

CJEU's case law cited by the court

Summary

The care proceedings were in respect of a child, E. The child was born in England in 2001, and was living in England since then. Both parents were Slovakian nationals. As a result, Slovakian Central Authority got involved. The case received significant media attention in Slovakia. Sir James Munby held that the English court should assume jurisdiction, and approved the LA’s care plan. In this context, it was noted: “33 In the present case E was and is habitually resident in England and Wales. Although he is a citizen of the Slovak Republic he has lived here all his life. No-one has suggested, indeed it could not sensibly be asserted, that the English court does not have jurisdiction in accordance with Article 8(1) of BIIR. And although, within the meaning of Article 15(3) , E has a particular connection with Slovakia, it did not seem to me that the other requirements of Article 15 were met, so as to justify making a request to the Slovakian courts. Nor, as will be appreciated, was any Article 15 request received from the Slovakian courts. On the contrary, the Slovakian Central Authority formally notified this court that it did not dispute the jurisdiction of the English court and fully accepted its competence. The Article 55 mechanism worked smoothly and effectively, facilitating in the particular case the inter-State cooperation and assistance which is so desirable in every case.” [33]