PIL instrument(s)

Case number and/or case name

Suffolk County Council v DL [2014] EWHC 29 (Fam)

Details of the court

England and Wales, First Instance

Articles referred to by the court

Date of the judgement

14 July 2014

Appeal history

CJEU's case law cited by the court

Summary

The care proceedings were in respect of a child who was born on 11th May 2014. The child was represented by a guardian. The mother, who was living in England for 6 years, was Lithuanian. She could not look after the child since she had drug addiction problems. The father was not identified. The Local Authority was involved. The LA was actively considering to arrange for a placement of the child with the grandparents who were based in Lithuania. In the circumstances, the English court decided to make a request to transfer the proceedings to Lithuania. Mr Justice Parker noted: “5 It seems to me, notwithstanding that the local authority is very actively assessing the grandparents, that this is an appropriate time for the Court to consider whether it should exercise its powers to request Lithuania to assume jurisdiction pursuant to Article 15(1)(b). As Baker J in the Bristol case and Moylan J in the Leicester case ruled (and I take the same view) there is no drawback and every advantage in making a request to another member state alongside further assessment of a parent. It seems to me that an assessment or further inquiries of relatives abroad demands the same approach. The aim is to progress the case and to avoid delay. If Lithuania does not wish to assume jurisdiction, which it may not if it takes the view that these proceedings are well advanced and that this local authority is adopting the right approach, then this case, which I shall timetable through to a final hearing, will proceed in this jurisdiction. The options for this baby within our understanding of child welfare, which may not be the same as Lithuania's, would be either family placement if mother cannot care for her own child, or adoption. Lithuania may regard other options as being appropriate for one of its citizens. 6 Under Article 56 a local authority contemplating placing a child in institutional care or with a foster family in another member state must first consult the member state through the Central or other authority having jurisdiction in the central authority having jurisdiction in the latter state where public authority intervention is required for domestic cases of child placement.” [5-6]